2 May 2019

Essure Birth Control Lawsuits Target Bayer’s Unsafe Implant

essure birth control product package

Thousands of women claim that their Essure birth control device caused them serious injuries. Health issues related to Essure came to light in 2016. By 2017, growing safety concerns forced Bayer to stop selling outside the United States. Then in July 2018, Bayer cited “business reasons” for its decision to pull the remaining Essure implants from the U.S. market.

There are thousands of Essure lawsuits intent on holding Bayer liable for manufacturing and selling a product that poses serious health risks to consumers. If you have questions about Essure birth control lawsuits, contact one of our lawyers for help. We don’t charge any fees for discussing the plausibility of your Essure lawsuit.

Is There a Lawsuit Against Essure?

Since 2002, the permanent birth control device Essure was implanted in approximately 750,000 women. Adverse reports from Essure patients cited health complications and side effects described as infection, allergic reactions and severe pain.

Thousands of women filed birth control lawsuits against Bayer because the Essure implant had migrated to another part of the body. This implant migration has caused perforation of the uterine wall or the fallopian tube. A number of Essure patients were ultimately required to undergo surgical removal or a hysterectomy in an attempt to live more normal lives again.

What Are the Reported Side Effects From the Essure Birth Control Device?

There have been many serious side effects associated with Essure. The Essure birth control lawsuits often contend that Bayer was aware or should’ve been aware of the potential side effects. By April of 2018, the U.S. Food and Drug Administration began requiring a black box warning label on Essure.

A number of Essure attorneys believe Bayer was fully aware of the potential side effects before putting the birth control out on the market. Some of the common side effects victims of Essure complications suffer from include:

photo of essure birth control patient
  • Gastrointestinal
  • Vomiting, diarrhea, and nausea
  • Allergic reactions
  • Migrating pain in the body
  • Unwanted pregnancies
  • Serious cysts, bleeding, and pain
  • Nickel poisoning
  • Autoimmune disorders
  • Complete or partial hysterectomies
  • Device removal surgeries
  • Partial or complete hysterectomies
  • Device removal surgeries
  • Perforation of the fallopian tubes
  • Essure implant migrating within the body

What Compensation is Available for Essure Removal?

Pain and Suffering

Women with defective Essure devices often ensure a tremendous amount of physical, mental and emotional pain. The emotional stress alone on loved ones and the family is substantial. By law, plaintiffs in personal injury actions such as these are able to recover damages for pain and suffering. If your Essure birth control lawsuit is a success, compensation for pain and suffering may be included in the Essure payout and settlement.

Device Removal Surgeries

Victims with defective medical implants often have to undergo additional surgeries to have the device removed. These procedures can be quite costly, and they may not be covered by the victim’s insurance policy. When you file a lawsuit against Bayer over the Essure defects, the cost for the removal surgeries will be incorporated into the payout.

Medical Bills

Defective Essure device may also warrant restitution for medical expenses and debt that resulted from the implant. Lawyers in these cases are typically able to argue that the subsequent medical bills accrued should be incorporated into the settlement. The medical expenses usually account for a large part of the overall settlement.

Corrective Surgeries

Even after the initial device removal surgeries, a number of women have required additional corrective surgeries to fix other complications. Most times, any additional surgeries related to the Essure implant are typically included in the settlement calculations.

Punitive Damages

These damages can be described as damages beyond simple compensation, which are often awarded as a punishment against the defendant. These damages are typically awarded whenever there is gross negligence committed by the defendant. At this point, it’s still unclear whether or not punitive damages would be a part of the settlement amount.

Lost Wages

Women with a defective Essure device can end up missing work if the device migrates and causes perforation of the fallopian tubes, the perforation of the uterus or leads to a hysterectomy.

An Essure class action lawsuit may be able to help you obtain restitution for lost wages if you missed work due to health complications. Many of these women have suffered severe economic hardships, as the additional surgeries and recovery time can be quite extensive.  

Updated Essure Birth Control Lawsuits Timeline

  • 2/29/2016: FDA announces they’ll take additional steps to understand how Essure’s safeness and inform patients of possible risks
  • 3/1/2016: FDA requires new warnings on Essure that call attention to its serious, and potentially fatal, health risks.
  • 6/6/2017: Over 9,000 women report having their Essure birth control implant removed due to complications.
  • 9/19/2017: Bayer shuts down global sales of Essure while continuing to sell the defective birth control implant in the U.S.
  • 4/9/2017: The FDA moves to restrict the sale and distribution while requiring women to receive specific risk information to help protect patients.
  • 7/20/2017: Bayer announces that it will no longer be selling the Essure birth control implant.
  • 7/25/2018: Over 16.000 lawsuits have already been filed against Bayer over the defective Essure device.
  • 7/28/2018: News surfaces reporting that Bayer actually paid physicians millions to help promote Essure.

Essure birth control lawsuit FAQ

Who’s the defendant in Essure lawsuits?

Bayer, the medical device manufacturer of Essure, is typically the primary defendant in these cases. There are already thousands of defective birth control implant lawsuits filed against Bayer over the Essure device, and personal injury lawyers expect more to follow. As any medical device manufacturer would, Bayer is expected to challenge most of these Essure lawsuits in court.

Why was Essure even offered to women?

It’s not unheard of for defective products to make out to market. Sometimes, the manufacturer is aware of the defects and ignore possible side effects. In addition, some manufacturers may be aware of potential adverse effects associated with their products, but choose to ignore their responsibility to inform consumers of the risks.

These situations have become commonplace in the U.S. Most Essure lawsuits focus on whether or not Bayer should’ve been aware and acted on the serious effects associated with Essure.

Did the FDA really approve Essure?

Yes, the FDA did approve Essure, but that does not mean that the medical implant is safe to use. The FDA doesn’t guarantee that unforeseeable side effects won’t present themselves years later. However, the FDA has already issued requirements detailing serious warnings when selling Essure to consumers.

Are birth control implants even safe?

There are birth control implants available that are considered to be safe for consumers. It’s worth noting that the Essure implant is not the only medical device currently facing litigation.

The Mirena IUD is currently at the center of an injury lawsuit as well. Unfortunately, the side effects associated with many medical devices are not discovered or well-documented until the product has already been out on the market for years.

Have any deaths been attributed to Essure complications?

The sad reality is, women can die from the health complications caused by their Essure implant. According to the FDA, there have been 30 deaths attributed to the Essure medical implant, including four adult females, two infant deaths, and 18 pregnancy losses. If your loved one was suffering from Essure-related complications before their death, you may qualify to join an Essure birth control lawsuit.

Why Contact a Team of Essure Lawyers

Meldofsky has been successful in representing thousands of injury victims. Our defective medical device attorneys focus on obtaining the restitution you deserve for the injuries caused by the defective product. At Meldofsky, we understand and sympathize with the traumatic pain a defective medical device causes. Our lawyers work with disabled and injured victims going through tough times on a daily basis. If you’re struggling because of a defective Essure implant, contact us for help now.

No Cost Legal Consultation is Free

We don’t charge any fee for the initial legal consultation about a potential defective Essure birth control lawsuit. Our Essure lawyers will not charge you for the phone call. We typically start off by taking some simple information and reviewing the legal options. At Meldofsky, we’ll be happy to answer any questions you have.

100% Contingency Fee Based – No Win, No Fee

Medical device lawyers at Meldofsky work on a contingency basis. This means our lawyers only get paid if your defective medical implant lawsuit is a success. You don’t have to worry about paying our lawyer anything if we’re unable to reach a settlement for your Essure lawsuit. We never ask for any money upfront and our fee is simply calculated as a percentage of the settlement plus case expenses.

Nationwide Essure Legal Representation

The Meldofsky Firm is a law firm focuses on helping injured victims across the United States due to defective medical device implants. We have been protecting the rights of disabled and injured victims for decades now. At Meldofsky, we operate on a nationwide network of legal services and law firms working to fight against corporate interests. Our foremost priority is working together as a team to help you obtain the results you’re entitled to.

Get started with your legal consultation today


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