Essure Lawsuit Attorneys
If you used the Essure contraceptive device and were seriously injured or complications required you get it removed, you may have the legal right to sue for compensation. Thousands of women across the United States have filed lawsuits against the manufacturer, Bayer, after suffering devastating side effects, including perforated organs.
There’s a limited window of opportunity for an Essure victim to bring her lawsuit. That small time period is known as the statute of limitations and they vary from state to state. An untimely lawsuit can be dismissed forever. So don’t put off talking with a Gerling Law attorney if you want to learn more about Essure complications and pending litigation. Contact an experienced Essure lawyer today. It won’t cost you anything and all consultations are confidential.
What Is Essure?
Essure is a birth control device that is permanently implanted in women. It consists of a stainless steel spring-like inner core wound with an expanding nickel titanium outer coil. There is no surgical incision required for implantation. Your health care provider would have placed flexible inserts through the vagina and cervix and into the fallopian tubes. Once the inserts were in place for around three months, tissue would start to form around them. That tissue buildup would create a barrier designed to keep sperm from reaching the eggs and the woman from getting pregnant. However, nearly 300 fetal deaths, and multiple women’s deaths are linked to the device. Some women have needed a hysterectomy to remove the device.
The system was created by Conceptus, Inc. and approved through the FDA’s Premarket Approval (PMA) process in November 2002. In 2013, Conceptus, Inc. was purchased by Bayer AG and became a fully owned subsidiary of the Germany-based chemical and pharmaceutical company.
As reports of injuries and serious side effects mounted, the permanent contraception system Essure has become the target of an increasing number of lawsuits – over 39,000 as of a recent count. Over the past several years, government regulators started looking at a rising number of “adverse event reports” associated with the contraceptive.
In at least one lawsuit, manufacturer Bayer was accused of intentional dishonesty in its receipt of Food and Drug Administration premarket approval (“PMA”) for Essure. The lawsuit asserted that the device never should have been marketed or sold to the plaintiff in the case. Until recently, that same PMA shield had protected Bayer against liability for its allegedly defective and dangerous product.
Bayer discontinued Essure in the U.S. by the end of 2018, but healthcare providers were allowed to implant it for up to one year from the purchase date. That means some women might’ve had an Essure device implanted as recently as December 2019. While not all women had problems, hundreds of thousands of other women experienced multiple Essure complications. Consequently, any women who suffered serious adverse effects from Essure may still greatly benefit from consulting with a Gerling Law Essure attorney.
What Problems Does the Essure Contraceptive Device Have?
There are abundant Essure complications reported, including menstrual irregularities and problems with the device itself. Many women have reported problems, including:
- The device has moved;
- The device broke or fractured;
- The device is operating differently than expected;
- The device is incompatible; and
- The device was inaccurately positioned.
Some users experienced problems immediately upon placement of the device while others didn’t develop problems until years down the line. Complications are not limited to implantation either. There is also a risk of complications when someone has the Essure device removed. According to the FDA, some of the top reasons for Essure removal in 2017 and 2018 included:
- Genital hemorrhage,
- Device dislocated/migrated/expelled,
- Suspected allergy, and
- Device breakage.
Specific symptoms can point to nickel allergies or sensitivity. These symptoms include a metallic taste in the mouth, rash, migraines, and nausea. Nickel allergies, or sensitivity to nickel, is a common problem that many people do not realize they have. This issue has gained more attention in recent years thanks to smart devices like fitness trackers.
Some users wear a fitness tracker device on their wrist and later start developing a rash or skin irritation. The sudden skin issues are often related to the underside of the fitness tracker touching your skin. Users who develop a rash or more serious symptoms like severe pain, blistering, and itching usually have an undiagnosed nickel allergy. Imagine having that same reaction inside your uterus.
Injuries Associated with the Essure Lawsuit
Tens of thousands of women all across the country suffered injuries they believe are related to the Essure device. Some of these reported injuries and Essure complications include:
- Device migration,
- Severe pain,
- Device fracture,
- Allergies and autoimmune issues,
- Perforated organincluding uterus, fallopian tubes and intestines,
- Unintended pregnancy,
- Ectopic pregnancy,
- Need for hysterectomy,
- Excessive scar tissue,
- Joint pain and fatigue,
- Congenital disabilities, and
- Complications requiring surgery.
Essure added information on possible nickel allergies but not until the device had long been on the market. People who develop an allergy or sensitivity to metals like nickel can experience autoimmune problems for years to come. Simply removing the device doesn’t mean the side effects of a nickel allergy immediately disappear either.
Before it was discontinued, Bayer was required to add an FDA black box warning in 2016 with some of the injuries mentioned above listed. If you suffered any of these injuries or experienced other problems with your device, let our skilled Essure lawyers assist you by giving you a free, confidential case consultation.
Do I Qualify for the Essure Lawsuit?
If you or a loved one had an Essure device implanted and developed problems and sustained damages, you could be eligible to pursue compensation. Did you develop serious health problems that might be related to the Essure device? Did you have the device removed due to complications or injuries? If so, you may be eligible to join an Essure lawsuit. If you had an Essure device implanted before 2016 and developed complications, you should speak with a Gerling Essure lawsuit attorney.
While many lawsuits have been filed against Bayer, they almost all allege the same fundamental issues. The key legal issue is that the Essure birth control device was negligently designed so that it can break apart and cause harm to a woman’s uterus and fallopian tubes. The allegations against Bayer include negligence as well as the following:
- Essure is a defective product;
- Essure is unreasonably dangerous;
- Bayer knew Essure caused complications but chose not to provide proper warnings to consumers;
- Bayer failed to comply with all federal safety and protection laws;
- Bayer did not conduct adequate testing; and
- Consumers would not have purchased Essure had they been fully aware of its complications and side effects.
Your individual circumstances and experience with the Essure contraceptive device will determine what cause of action is applicable and the amount of damage you plan to seek. When you initially meet with your Essure Lawyer, we will walk you through everything and discuss your potential case value.
Steps for Joining An Essure Lawsuit
Injured victims who used Essure need to take the necessary steps to gather all pertinent evidence required to prevail in court. While your Essure lawyer can do some of the legwork, you can strengthen your case by compiling your medical records and billing from any related Essure treatment. If you had the device removed, be sure to hold on to all your information, doctors’ notes, and billing pertaining to that as well.
If you have been having symptoms and concerns but have not yet seen a doctor, make an appointment immediately. Complications from Essure can be life-threatening in some cases. Get checked out and discuss your complaints and concerns with your medical provider right away.
Bayer claims they removed the Essure device from the market due to misleading and inaccurate publicity, not because women were reporting significant complications and life-threatening health conditions. Rather than risk a potential recall that could’ve opened them up for more liability, Bayer made a business decision to discontinue sales. They still claimed the benefits outweighed any risks, even when the FDA required Bayer to implement a black box label warning on Essure in 2016.
Don’t let Bayer get away with injuring you and other women around the country. Speak with an experienced Essure lawyer who can help you recover compensation for your damages. You may be eligible to receive money for your current and future medical expenses, time off work, diminished earning capacity, physical pain and suffering, and mental anguish.
Over $500 Million in Recoveries
I called my insurance company to start my claim – then I immediately called Gerling. They know the laws; they know the ins and outs. If you want something done – and done right – call Gerling. They know what they are doing.
How Can I Find a Quality Essure Lawyer to Help with My Claim?
When searching for the right Essure lawyer, you want to look at firms experienced in product liability matters. Defective product cases like those involving the Essure contraceptive device are very complicated to pursue. You need a firm that has the courtroom experience and the financial resources to take the case all the way to trial if necessary. Product manufacturers like Bayer have experienced defense counsel on staff, so they aren't afraid to fight these lawsuits.
If you need assistance pursuing an Essure lawsuit, our product liability lawyers at Gerling Law are here to help. We have decades of experience taking on large corporations, like Bayer, who push defective products out to unsuspecting consumers. We have the skills and necessary resources to help you fight for the compensation you deserve. Contact Gerling Law today to schedule an initial, no-obligation consultation. When we initially meet, we will let you know whether you are likely eligible to pursue a claim.
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