Accepting Cases

Essure Lawsuits

Women who say Essure birth control injured them are filing lawsuits against Bayer. Essure lawsuits accuse Bayer of hiding complications caused by the birth control device. As of April 13, 2018, Bayer faced more than 16,800 Essure lawsuits. Lawyers continue to accept cases.

Injured by Essure?

If you had Essure Permanent Birth Control System inserted and you're suffering from complications, you may be entitled to compensation.

Essure placement
Essure Lawsuit Facts
  1. Injuries Hysterectomy, pain, bleeding, nickel sensitivity, unwanted pregnancy, weight gain, autoimmune disorders and perforation
  2. Top Jury Verdict/Settlement None as of June 2018
  3. Defendant Bayer
Legally Reviewed

Drugwatch content is legally reviewed for accuracy and quality.

Examples of trusted legal reviewers include qualified mass torts lawyers and certified paralegals.

Drugwatch writers gather lawsuit information by studying court records, watching lawsuit proceedings and speaking with experienced attorneys.

*UPDATE: Bayer faces 16,800 Essure lawsuits. Litigation is ongoing. Essure lawyers expect more lawsuits over the birth control device. The first trials may be set in 2018. Drugwatch’s legal partners are accepting Essure lawsuit cases.

Essure lawsuits say Bayer failed to report serious side effects. They also say the manufacturer lied on its application for device approval.

Women and their families claim Essure side effects from organ perforation to autoimmune problems.

Many women underwent hysterectomies to remove the device and still suffer problems. Some women died from complications.

“Women are rightfully suing Bayer for the pain and suffering caused by the Essure device. Jobs and marriages have been lost and lives ruined due to injuries caused by this horrific device, which should have already been removed from the market in this country.”

Attorney Holly Ennis told Drugwatch

Bayer stopped selling Essure birth control in most countries in 2017. But, it continues to sell the device in the U.S.

Essure Lawsuit Status

Women and their families continue to file Essure lawsuits in state courts across the country.

Did you suffer complications due to Essure? Get a Free Case Review

The majority of lawsuits are in California, Missouri, North Carolina and Pennsylvania. Plaintiffs filed the latest Essure lawsuits in Pennsylvania federal court in February and April 2018.

Women in the Pennsylvania lawsuits said Essure “migrates from the [fallopian] tubes, perforates organs, breaks into pieces, and/or corrodes wreaking havoc on the female body.”

On May 30, 2018, Pennsylvania Judge John R. Padova ordered both sides to name Special Settlement Masters. Special Settlement Masters handle any potential settlements.

In March 2018, California judge Winifred Y. Smith mandated plaintiffs submit a master complaint. The complaint should combine allegations against Bayer. She also said both sides should start preparing for trial.

Did You Know?
As of March 2018, Judge Winifred Y. Smith presided over more than 13,000 Essure lawsuits in California.

Dismissed Cases

Some judges have dismissed Essure cases for preemption. Preemption limits product liability in state lawsuits after FDA approval. Judge Smith in California allowed Essure lawsuits to proceed in spite of preemption.

Others dismissed cases for failing to meet court requirements. For example, Missouri federal judge Stephen Limbaugh Jr. tossed 92 out of 95 plaintiffs from an Essure case in January 2018.

 
Injured by Essure? Get a Free Case Review
Replay Video
Former FDA program manager Madris Tomes highlights the devices, including Essure, still on the market due to FDA preemption.

Essure Side Effects in Lawsuits

Essure lawsuit complaints mention several side effects. For many women, Essure side effects started immediately after implantation. Some women had several surgeries because of complications.

Former FDA analyst Madris Tomes provided Drugwatch with data on Essure side effects. As of January 2018, the FDA received 26,272 adverse event reports for Essure birth control.

Doctors have seen a decline in the demand for the device because of Essure lawsuits.

“You put in [an internet search for] Essure, and the first thing that comes up is lawsuits,” Dr. James Greenberg, an OB/GYN at Brigham-Faulkner OB/GYN Associates in Boston, told Modern Healthcare. “That’s not something that makes you super excited to have that done to you.”

Side Effects in Essure Lawsuits
  • Abdominal pain
  • Allergies to nickel
  • Autoimmune disorders
  • Bleeding
  • Bloating
  • Death
  • Depression
  • Device breakage
  • Device displacement
  • Fatigue
  • Heavy periods
  • Hysterectomy
  • Perforation
  • Severe pelvic pain
  • Unwanted pregnancy
  • Weight gain
 
Injured by Essure? Get a Free Case Review
Replay Video
E. Scott Sills, MD PhD, describes Essure complications, some of which have led to lawsuits.

Why People File Essure Lawsuits

People file Essure lawsuits because they say Bayer’s failure to warn of side effects harmed women.

Essure lawsuits allege manufacturers lied to the FDA to get device approval. They also say Bayer failed to properly train physicians on how to use Essure.

Bayer tried to blame doctors. It used the “learned intermediary doctrine” to say it is the doctor’s responsibility to warn women about Essure.

Essure Allegations Against Bayer
  • Failing to report and actively concealing adverse events of Essure
  • Manufacturing Essure for three years without a license
  • Failing to have a complete risk analysis for Essure
  • Failing to track Essure complications
  • Failing to disclose 16,047 medical device complaints of suspected device malfunction to the FDA
  • Handing out Essure equipment to unqualified physicians to sell its product
  • Encouraging doctors to “sell” Essure to patients
  • Failing to train doctors on how to use Essure

How to File an Essure Lawsuit

The first step to file an Essure lawsuit is to contact a lawyer. Most Essure lawyers will review your case for free.

In general, if an Essure lawyer takes on your case, you won’t pay anything until there’s a settlement or jury verdict.

Did you suffer complications due to Essure? Get a Free Case Review

What Is the Time Limit for Filing an Essure Lawsuit?

An Essure attorney can determine the statute of limitations for each case. The time limit varies by state.

In most states, women have two to three years to file an Essure lawsuit. If someone died because of Essure the time limit is generally about two years.

But, the time limit in some states like California may only be one year. Women should contact an Essure attorney right away to find out their lawsuit eligibility.

Essure Settlement Amounts and Verdicts

Essure lawsuits are ongoing. No trials have been set. So, there are no settlements or jury verdicts.

California lawsuits may be the first to go to trial. Essure jury verdicts from the first lawsuits may influence jury verdicts in other states.

In May 2018, Judge Padova in Pennsylvania ordered both sides to name Special Settlement Masters in the event of a settlement.

Potential Essure Lawsuit Compensation
  • Pain and suffering
  • Medical bills
  • Lost time from work
  • Loss of quality of life
  • Loss of companionship

Essure Lawsuit Class Action

There are no Essure lawsuit class actions in the U.S. Essure lawyers have been filing individual personal injury lawsuits.

As of April 2018, Bayer reported two Canadian lawsuits seeking class action certification.

Please seek the advice of a medical professional before making health care decisions.

Did you find Drugwatch helpful?

10 Cited Research Articles

  1. Atkins, D. (2018, March 28). Essure Users Must Combine 13K Injury Lawsuits, Judge Says. Retrieved from https://www.law360.com/articles/1027239/essure-users-must-combine-13k-injury-suits-judge-says
  2. Klimczak, A.M. et al. (2017, August). Medicolegal Review: Essure Lawsuits and Legal Strategies Adverse to Gynecologists. Retrieved from https://www.jmig.org/article/S1553-4650(17)30177-2/pdf
  3. Bayer. (2018, March 31). Interim Report First Quarter of 2018. Retrieved from https://www.bayer.com/en/quarterly-reports.aspx
  4. Alfaro et al. v. Bayer et al. (2018, April 23). In the United States District Court Eastern District of Pennsylvania. Jury Trial Demand, Petition for Damages. Case No: 2:18-cv-00838-JD. Retrieved from http://www.paed.uscourts.gov/
  5. McLaughlin v. Bayer et al. (2018, May 30). In the United States District Court Eastern District of Pennsylvania. Order to Name Special Settlement Masters. Case No: 2:18-cv-00838-JD. Retrieved from http://www.paed.uscourts.gov/
  6. Whitman, E. (2017, February 22). Essure problems cost Bayer $413 million last year alone. Retrieved from http://www.modernhealthcare.com/article/20170222/NEWS/170229972
  7. Welch, A. (2017, September 20). Bayer Halts Sales of Essure Sterilization Implant Outside of U.S. Retrieved from https://www.cbsnews.com/news/bayer-essure-implant-sales-halted-outside-us/
  8. Bayer. (2017). Interim Report Third Quarter 2017; Legal Risks. Retrieved from http://www.quarterly-report-2017-q3.bayer.com/notes/explanatory-notes/legal-risks.html
  9. Grzincic, B. (2018, January 25). Essure clinical trials in Missouri not grounds for jurisdiction there - judge. Retrieved from https://www.reuters.com/article/essure-clinical-trials-in-missouri-not-g/essure-clinical-trials-in-missouri-not-grounds-for-jurisdiction-there-judge-idUSL2N1PL013
  10. Ward, P.R. (2018, April 23). Allegheny County lawsuit joins other complaints about Bayer's birth-control device. Retrieved from http://www.post-gazette.com/local/city/2018/04/23/Bayer-conceptus-essure-birth-control-pittsburgh-lawsuit-contraceptive-fda-allegheny-county/stories/201804230138
View All Sources
Who Am I Calling?

Calling this number connects you with Wilson and Peterson, LLP or one of its trusted legal partners. A law firm representative will review your case for free.

Wilson and Peterson, LLP funds Drugwatch because it supports the organization’s mission to keep people safe from dangerous drugs and medical devices.

(855) 705-7637

To contact Drugwatch Managing Editor Kevin Connolly, call (855) 839-9780.