Why Was an Essure Birth Birth Control Lawsuit Filed?
Essure is a permanent birth control device that was implanted in 750,000 women since 2002. Women started reporting various Essure side effects and complications like severe pain, allergic reactions, and infection. The Essure birth control lawsuit was filed because many of those women found the implanted device has migrated to other parts of the body. This may have caused perforation of the fallopian tube or perforation of the uterine wall. Some women with Essure complications may have had a hysterectomy or required surgical removal.
Essure Birth Control Side Effects
Essure has been linked to several serious side effects. The Essure birth control lawsuit is likely to argue that Bayer knew or should have known about these serious side effects. The U.S. Food and Drug Administration (FDA) placed a black box warning in April of 2018. Many Essure injury lawyers suspect Bayer knew the serious side effects before selling the birth control device on the market. Victims of Essure complications may experience one or more of the below side effects:
- Device moving around in body
- Perforation of the uterus
- Perforation of the fallopian tubes
- Device removal surgeries
- Complete or partial hysterectomies
- Autoimmune disorders
- Nickel poisoning
- Serious pain, bleeding, and cysts
- Unwanted pregnancies
- Pain in other parts of the body
- Allergic reactions
- Gastrointestinal problems with nausea, diarrhea, and vomiting
Compensation Available to Defective Essure Birth Control Device Victims
Victims of defective Essure birth control devices may be able to recover money for medical bills. Your Essure injury lawyer is most likely going to argue that your medical bills be a part of the settlement. A significant portion of most personal injury lawsuits are the plaintiff’s medical bills. We see no reason that the Essure birth control lawsuit will be any different.
Device Removal Surgeries
Many victims of defective Essure birth control devices underwent surgeries to remove the device. This can be a costly procedure and some victim’s insurance policies might not have covered the surgery. The Essure birth control lawsuit will attempt to recover money for device removal surgeries. It is likely some women had complications from the device removal surgery and those medical bills might be included too.
Women that underwent defective Essure birth control device removal surgery may have experienced severe complications that led to further surgeries. Those corrective surgeries are likely to be a part of the Essure birth control lawsuit’s settlement. Just like defective Essure birth control device removal surgeries, payment for corrective surgeries may have been denied by some women’s insurance carriers.
Because the defective Essure birth control device may have migrated and caused perforation of the uterus, perforation of the fallopian tubes, or lead to hysterectomies, many women missed time from work. If you missed time from work because of an Essure complication or corrective surgery, an Essure class action lawsuit may be able to recoup those lost wages. Women may have missed lengthy periods of time at work to recover, which can lead to severe economic harm.
Pain and Suffering
Women who suffered Essure birth control complications went through a lot mentally and physically. The emotional stress of dealing with a defective medical device can be enormous. The law allows plaintiffs to recover pain and suffering damages in personal injury actions. If your case is successful, your Essure lawsuit settlements and payouts amounts may include money for pain and suffering.
Punitive damages are damages exceeding simple compensation and are awarded to punish the defendant. Punitive damages are awarded when there is gross negligence by a defendant. It is unknown if punitive damages will be a part of the Essure birth control lawsuit’s settlement at this point.
Defective Essure Birth Control Lawsuit Updates
- July 28, 2018: Reports surface that Bayer paid doctors millions of dollars to promote Essure.
- July 25, 2018: There are now more than 16,000 lawsuits filed against the manufacturer of Essure.
- July 20, 2018: Bayer announces they will stop selling the Essure birth control device.
- April 9, 2018: The FDA restricts the sale and distribution of Essure birth control devices to protect women and to require that patients receive risk information.
- Sept 19, 2017: Bayer stops global Essure implant sales outside of the U.S. At the same time, Bayer continues to sell the defective Essure birth control device in the U.S.
- June 6, 2017: More than 9,000 women report having the Essure device removed for complications.
- March 1, 2016: The FDA finally mandates new warnings on Essure birth control devices that are designed to call attention to serious or life-threatening risks.
- February 29, 2016: The FDA reports they will take additional action to better understand safety of Essure and inform patients of potential risks.
FAQ: Essure Birth Control Lawsuit
Who is the defendant in the Essure birth control lawsuit?
The defendant in the Essure birth control lawsuit is the manufacturer, Bayer. They are currently defending against thousands of lawsuits and Essure injury lawyers expect more to be filed. Bayer is likely to fight back against Essure injury lawyers – this is expected of any major medical device manufacturer.
Why was Essure ever implanted in women?
Sometimes defective products make their way into the marketplace. In some instances the manufacturer knew, but chose to ignore side effects. In other instances, the manufacturer knew of the side effects but did not disclose them to consumers. Believe it or not, both of these happen all the time right here in America. The Essure birth control lawsuit will determine whether or not Bayer knew or should have known of Essure’s serious side effects.
Was Essure FDA approved?
Yes. Approval by the FDA is not a guarantee that any product is safe. The FDA does not guarantee there are unknown side effects that may present themselves years after the product is first used. Essure was approved by the FDA, but the FDA also issued serious warnings against Essure.
Are birth control implants safe?
Some birth control implants are probably safe. However, Essure is not the only birth control device with current litigation. There currently is a Mirena IUD injury lawsuit as well. The problem with medical devices is that their side effects are often not truly known until they have been on the market for years.
What if a family member died from Essure complications?
We are sad to report we believe many women may have died from Essure complications. If your loved one had complications from their Essure device before death, you may be able to join the Essure birth control lawsuit.
Why Call an Essure Injury Lawyer at Woods & Woods?
Since 1985, Woods & Woods has successfully represented thousands of injured people. A defective medical device lawyer can get you the compensation you deserve after an injury from a defective product. We know what injury victims go through when dealing with a defective medical device like Essure. This can be a traumatic time in your life and we understand that. Everyday we work with injured and disabled people who are going through some really tough times. If you are going through a lot because of Essure complications, reach out to us. We are here to help.
Free Legal Consultation
There is never a fee for a legal consultation regarding the defective Essure birth control lawsuit. Your Essure injury lawyer will never charge for a phone call. We will start by taking some basic information from you and explain your legal options. You can ask questions and we’ll be happy to answer them.
You Only Pay If We Win
Your Essure injury lawyer works on a contingency fee basis. That means you only pay your Essure injury lawyer if the lawsuit is successful. If there is no settlement in the Essure birth control lawsuit, you pay your lawyer nothing. Your Essure injury lawyer will never ask for money upfront. Your Essure injury lawyer’s fee will be a percentage of the settlement and case expenses.
Nationwide Law Firm
Woods & Woods is a national law firm that can help injured people wherever they live. For decades we have protected the rights of injured and disabled people. Our law firm has a large nationwide legal network of law firms that work together to fight major corporations. Together, we help our clients achieve the results they deserve.