About 10,600 women who say Essure permanent birth control causes serious injuries including device emigration, organ perforation, autoimmune disorders, accidental pregnancies and hysterectomies. Litigation is ongoing, but so far there have been no settlements of jury verdicts.
If you had Essure Permanent Birth Control System inserted and you're suffering from complications, you may be entitled to compensation.
Women who filed Essure lawsuits claim Bayer’s permanent birth-control device caused serious injuries including pain or bleeding, device migration or fracture, damage to organs and children born with birth defects.
Bayer’s 2017 annual report revealed the company lost about $413 million in revenue in 2016 because of Essure lawsuits — though the medical giant has yet to offer any settlements.
The drug maker expects plaintiffs to continue to file.
Essure plaintiffs have had to face preemption laws that make it difficult for them to sue Bayer. But, so far, judges have been allowing lawsuits to continue for specific counts of negligence.
Despite preemption laws, judges have been allowing lawsuits to proceed, and thousands of Essure lawsuits are pending against Bayer. But, some judges dismissed cases because of preemption. They have also dismissed some cases for failing to meet judicial requirements.
For example, in January 2018, Missouri federal judge Stephen Limbaugh Jr. sided with Bayer and tossed 92 out of 95 plaintiffs from an Essure case. The judge said the out-of-state plaintiffs’ claims should not have been filed in Missouri even if Essure clinical trials took place there.
Despite some cases being dismissed, Essure litigation continues with individual lawsuits in various state courts. Some plaintiffs’ attorneys are also involved in trying to ban the device on behalf of their clients.
Currently, Drugwatch’s legal partners are accepting Essure cases for pain, bleeding, device migration, device fracture, organ perforation, Essure complications requiring surgery and children born with birth defects. But a number of lawsuits include additional injuries.
“Plaintiffs allege personal injuries from the use of Essure™, including hysterectomy, perforation, pain, bleeding, weight gain, nickel sensitivity, depression and unwanted pregnancy, and seek compensatory and punitive damages.”
Essure lawsuits claim Bayer failed to warn the public of the risks of the device and the company is guilty of negligence. They also allege Conceptus, the original manufacturer of Essure, falsified documents to obtain approval from the FDA. Women injured by the device turned to the legal system to hold Bayer accountable and to prevent Essure from injuring others.
Because many lawsuits are still pending, there are no publicized settlements or jury verdicts yet. So far, there have been no trials scheduled in any of the courts handling these claims.
There are currently no Essure class actions in the U.S. But in April 2017, two Canadian plaintiffs seeking class-action certification served Bayer with lawsuits.
Because there are over 10,000 Essure cases pending in multiple courts, plaintiffs may file a motion to consolidate the cases in multidistrict litigation (MDL). MDLs gather cases with similar injuries and causes of action against the same defendants together to make litigation more efficient. Unlike a class action, plaintiffs in an MDL retain their own lawyers and may accept a settlement or deny it and continue on to a jury trial.
Despite the number of complaints pouring in, preemption laws protect Bayer from Essure lawsuits. The law bars people from filing lawsuits against medical device makers with preemption status because the FDA supposedly puts the device through a rigorous process before approval. This ignited a battle against Bayer on social media.
Lawsuits against Bayer say the company lied to the FDA in its premarket application. The lawsuits that allege Conceptus violated the terms of the FDA’s premarket approval and committed fraud by withholding data from the agency. This could mean the company forfeited its protection under the preemption laws.
Lawsuits say Bayer “conspired to engage in…misconduct…for the purpose of enriching themselves and creating an injustice at the expense of plaintiffs” and their health. Some women lost marriages, family and even died after complications.
For many women, the Essure experience has been long and arduous. They incurred medical bills, scheduled multiple surgeries and suffered poor health for years before they filed lawsuits.
Please seek the advice of a medical professional before making health care decisions.
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