Essure is an irreversible, permanent birth control device that’s implanted through a non-surgical procedure in women who choose this method.
Women who have filed lawsuits against Bayer and Conceptus, Inc., the manufacturers of Essure claim that the device has a design defect that can cause it to move or fracture in a woman’s body. This may cause a woman’s uterus and fallopian tubes to be punctured.
What Are the Essure Lawsuits?
There have been more than 16,000 lawsuits filed against the manufacturers of Essure, Bayer and Conceptus, Inc., by women who’ve been injured due to severe abdominal damage when the Essure birth control device moves around in their bodies.
Some of the attorneys who are representing these women say that if the patients and doctors had been made aware of the risks, the women might have chosen a different type of birth control. This may have included a salpingectomy, hysterectomy, tubal fulguration, tubal ligation, or having clips applied.
The critical legal issue surrounding the Essure lawsuits is that the birth control device was designed in a negligent manner that may cause it to break apart and harm a woman’s uterus and fallopian tubes.
What Are the Side Effects and Injuries Caused by Essure?
Then Food and Drug Administration says the short-term risks of Essure include mild to moderate pain, cramping, pelvic discomfort, heavy bleeding, and back discomfort.
The long-term risks of Essure include:
- Ectopic Pregnancy
- Puncturing of the Uterus or Fallopian Tubes
- Allergic Reactions, especially in women who are sensitive to polyester fibers, nickel, titanium, stainless steel, platinum, and silver-tin.
- Joint Pain
- Autoimmune Disease
In the period from 2002 to present, the Food and Drug Administration has received over 26,000 reports of problems due to Essure. Most of the stories have been voluntary, and mostly from women who’ve used Essure.
These women have reported having frequent problems with pain, more substantial and menstrual irregularities, fatigue, headaches, movement of the Essure device, device breakage, and the Essure device working differently than they expected.
The Food and Drug Administration has said that the use of Essure devices has caused at least 18 miscarriages. However, a private consulting firm puts that number closer to 300 women.
What Compensation is Available in an Essure Lawsuit?
If the Essure device you had implanted has caused you to be injured, you may be able to recover the following damages:
- Future and Past Medical Expenses
- Future and Past Pain and Suffering that resulted from the defective Essure device.
- Lost Wages
- Other Economic Losses Caused by Your Injuries
- Punitive Damages if available
Is My Essure Case a Class Action?
Not necessarily. A class-action lawsuit where a few people represent the interests of many. The court rulings are then binding on all people who are part of the class action.
Additionally, all members of a class-action lawsuit are required to accept the settlement.
The South Carolina attorneys at the Jeffcoat Firm prefer to represent each client based on their cases. This ensures that every client gets to settle their situation.
What Does the Food and Drug Administration and Scientific Studies Say Regarding Essure?
The Food and Drug Administration has restricted sales and distribution of Essure to protect women and require that patients receive the proper risk information.
Additionally, over the past 14 years, the Food and Drug Administration has reviewed much information regarding Essure and believes the product is safe for many women.
Have There Been Any Essure Warnings or Recalls?
On September 24, 2015, the Food and Drug Administration held a meeting of the Obstetrics and Gynecology Devices Panel of the Medical Devices Advisory Committee. This meeting was to hear expert clinical and scientific opinions as well as patient experiences regarding both the risks and benefits of Essure. The result of that meeting the Food and Drug Administration ordered Bayer to start conducting a post-market surveillance study into Essure’s risks and benefits.
In November of 2016, the Food and Drug Administration required the manufacturers of Essure to put a black box warning on all Essure packages that warn doctors and patients of the potential risks they face if they choose to use Essure.
Then in April of 2018, the Food and Drug Administration began to restrict the sale of Essure to medical providers who agreed to go through a checklist of risks with patients before being implanted with Essure.
As a result of all these actions, in July of 2018, Bayer announced that it would no longer sell Essure in the United States by the end of 2018.
If you or a loved one has suffered injuries due to having an Essure device implanted in your body, you may be entitled to monetary compensation. The South Carolina attorneys at The Jeffcoat Firm are experienced in such matters and may be able to help you get all the financial compensation you deserve.