In 2002 Bayer issued Essure which is a minimally invasive type of birth control. When Essure was released, the Food and Drug Administration said it was safe.
Essure is implanted in an outpatient appointment and takes approximately 3 months to start working. After the three months, you have to revisit your doctor to make sure the implant has taken.
What About the Essure Lawsuits?
The lawsuits involving Essure allege that the birth control device’s design was defective and that it can fracture and move throughout a woman’s body. Because of this failure, a woman’s uterus and fallopian tubes may become punctured.
The New York law firm of Gary Falkowitz is accepting clients who used the Essure device and suffered injuries as a result.
To date, more than 16,000 lawsuits have been filed against Bayer and Conceptus Inc. who are the manufacturers of Essure by women who have suffered horrific abdominal damage.
The attorneys for these women have said that if the doctors and patients had been aware of the risks, then a different form of birth control would have been chosen.
What Are the Problems Caused by Essure?
To date, the Food and Drug Administration has received over 26,000 reports of problems related to the Essure device from 2002 to present. Most of these reports have been from women who’ve used the device.
Women using the Essure implant device have suffered from the following issues:
- Getting Pregnant: In spite of Bayer’s promise that women using Essure won’t become pregnant, there have been cases of women getting pregnant while using Essure.
- Pain and Bleeding: Women have reported heavy bleeding and pain after receiving the Essure implant.
- Fallopian Tube Punctures: In some cases, the Essure implant has caused women’s fallopian tubes to be punctured. Surgery has been required to repair the damage.
- Infections: Many women have suffered infections. Many have gone through a successful treatment, but some have had severe complications as a result of the infections.
- Shifting Coils: Women have experienced the coils on the Essure implant moving to other parts of their abdomen. Shifting coils can be extremely dangerous and painful. Surgery is required to repair this problem.
- Movement of the Essure Device: In some women, the Essure implant has moved to another part of a woman’s body. Device movement is hazardous. The migration of Essure could lead to strokes, blood clots, and perforation of the internal organs.
- Allergic Reactions: There have been cases where women have developed an allergic reaction to the copper and metal contained in the Essure device.
- Autoimmune Disorders: Some women have developed autoimmune disorders while using Essure, including weight gain, fatigue, rashes, and hair loss.
- Tubal Ligation and Hysterectomy: There have been many women who decided to use the Essure device instead of having a tubal ligation. Many of the women ended up having to undergo a hysterectomy.
Additionally, women who had to have a hysterectomy as a result of using the Essure device may be eligible for compensation in the Essure lawsuit settlement payout.
Death: There have not been many deaths associated with the Essure device, but some women have died after undergoing the Essure implant procedure.
What Compensation is Available in an Essure Lawsuit?
If the Essure implant device has injured you or a loved one, you may be eligible for the following compensation:
- Past and future medical expenses
- Past and future pain and suffering
- Wage Loss
- Other Economic Damages
- Punitive Damages, if applicable – Some states allow for this type of damages. Punitive damages are awarded to you and are meant to punish the defendant’s behavior for preventing that behavior in the future.
- Wrongful Death
Is Essure Still Available?
After the first wave of lawsuits, the Food and Drug Administration ordered Bayer to put a visible warning on the packaging. Bayer was also required to add a black box label that highlights the risks associated with Essure
Also, Congress has had hearings regarding the safety of Essure, and the Food and Drug Administration has conducted a detailed investigation of Essure.
In late 2018, Bayer pulled Essure from the market but stated it had nothing to do with the risks involved in using the product, but that the negative publicity had caused sales to drop.
Do I Need an Attorney to File an Essure Lawsuit?
The short answer is yes. The Essure lawsuits are very complex and require a knowledgeable attorney who knows how to handle lawsuits against medical device manufacturers.
The New York law firm of Gary Falkowitz provides free, confidential case evaluations. We won’t charge you a fee unless you recover monetary compensation for your injuries.