Las Vegas Attorney Litigating Essure Class Action Lawsuit
Essure Lawyer Las Vegas
Essure is a type of permanent birth control/sterilization. It is a series of small metal coils which are placed in the fallopian tubes. These coils cause scar tissue to form in the fallopian tubes. This scar tissue then prevents the sperm from passing and reaching an egg.
Many women have reported very serious injuries from Essure. Some users report migration of the device, perforation of the fallopian tubes and uterus, and they were required to undergo full or partial hysterectomies to correct the damages.
Bayer voluntarily discontinued the sale and manufacture of Essure on December 31, 2018. The press release can be viewed here. https://www.essure.com/assets/pdf/PP-250-US-1923-FINAL-News-Release.pdf
To review the FDA Commissioner’s statement about Bayer’s voluntary recall, click here.
There are currently an estimated 17,000 lawsuits against Essure, which is manufactured by Bayer. If you have had Essure and had to undergo a full or partial hysterectomy and had the product removed, please call us for a free, confidential case review at (702) 940-1234. It does not cost you any money for us to start your case. We only get paid if we get a settlement for you. Call an experienced Las Vegas Personal Injury Lawyer to help you today or send us an email on our contact form.
Medical Device Lawsuits Regarding Essure Complications
A considerable number of American women underwent female sterilization or permanent birth control by having the Essure device implanted between 2002 and 2016. These consumers were unaware that the Essure might cause serious, long-lasting negative effects in women, including irregular bleeding, persistent stomach and uterine pain, and internal damage to the fallopian tubes and uterus if the device shifted and punctured internal tissues. Women and loved ones of women who suffered unexpected side effects from Essure are represented by our attorneys in their litigation.
What Injuries and Side Effects Does the Essure Cause?
The Food and Drug Administration then states that mild to severe pain, cramping, discomfort in the pelvis, excessive bleeding, and discomfort in the back are among the short-term risks associated with Essure.
Essure’s long-term risks include:
- Pregnancy
- Ectopic Pregnancy
- Obesity
- Puncturing of the Fallopian Tubes or Uterus
- Allergic Reactions, particularly in nickel, stainless steel, titanium, silver-tin, and platinum-sensitive women.
- Fatigue
- Joint Pain
- Autoimmune Disease
The Food and Drug Administration received over 26,000 reports of issues related to Essure between 2002 and the present. Most of the accounts are voluntary and come primarily from female Essure users.
The ladies have reported experiencing pain regularly, significant menstrual irregularities, headaches, fatigue, movement with their Essure device, device breakage, and unexpected behavior of the device.
According to the Food and Drug Administration, at least 18 miscarriages have resulted from the use of Essure devices. A private consulting firm places the number of women closer to 300.
Essure Lawsuit for Health Complications
With Essure, a doctor inserts flexible coils into a woman’s cervix, vagina, and fallopian tubes to provide non-surgical permanent birth control. The device prevents pregnancy by causing tissue to grow around the implant over three months. Nonetheless, the FDA has been notified of negative side effects that individuals have claimed to have experienced while using Essure, such as:
- Persistent pain, including pelvic and abdominal pain
- Nausea, headaches, and further device-related allergic reactions
- Uterus and fallopian tube perforations
- Migration of pelvic or intraabdominal devices
- Irregular, abnormal, or increased bleeding
- Hypersensitivity or allergy to the device
- Pregnancy caused by Essure failure
- Fetal death and miscarriage
- Need for hysterectomy
- Fatigue
- Colon perforation
- Bloating
- Death
Regarding using Essure, the FDA received roughly 2,800 comments and complaints. Although the device hasn’t been recalled yet, the FDA is looking into patient and medical reports. About 500,000 women are in danger of health issues and a lower quality of life due to using Essure birth control products until the FDA makes a judgment. Patients who have taken Essure assert that there was a preventive reason for the symptoms they experienced. Many individuals believe that those responsible did not properly disclose the risks associated with Essure to them. The company that makes and distributes Essure, Bayer, has come under fire for allegedly deceiving the Food and Drug Administration and hiding information from its customers. It is alleged that Bayer purposely concealed the possible adverse effects of using Essure.
Let’s say that after using Essure, you have abnormal bleeding, device migration, persistent pain, perforation, or device failure. If so, you might be entitled to payment for your suffering, related medical bills, missed income, and rehabilitation expenditures. Hinds Injury Law Las Vegas accepts claims from women who have experienced issues due to the Essure Birth Control Device.
You could be able to file a case against Essure Implants with the help of our Las Vegas attorneys.
What Compensation Is Granted in an Essure Case?
If you suffer damage as a result of having an Essure device implanted, you might be entitled to the following compensation:
- Past and Future Medical Expenses
- Lost Wages
- Future and past suffering and pain caused by the faulty Essure device.
- Punitive Damages if available
- Other Financial Losses Resulting from Your Injuries
Why Are Lawsuits Being Filed Against Essure?
Thousands of American women claimed that Essure had terrible side effects and destroyed their lives, leading them to bring lawsuits against Bayer. According to lawsuits, Bayer neglected to notify the public and the U.S. Food and Drug Administration about severe side effects, including broken devices and pierced organs.
Many women experienced side effects from Essure right away upon implantation. Some claim in litigation that their devices damaged nearby organs after moving out of their fallopian tubes. Some claim their equipment shattered into pieces and severely damaged their bodies.
Bayer declared it would cease selling the device in the United States on December 31, 2018, following a meeting with the FDA when women from the Essure Problems group discussed the device. The FDA placed sale limits and a black box warning on it. The device was discontinued, and the company caused a drop in sales.
The company paid $1.6 billion to settle all U.S. Essure claims, almost two years after Bayer discontinued marketing the device in the country. The amount of damage awarded to each plaintiff varies according to the extent of the harm. The company stated in its release on August 20, 2020, that the settlement agreements do not contain any admissions of guilt or misconduct by Bayer.
“These U.S. settlements do not impact ongoing litigation in other countries because Bayer primarily considered factors unique to the U.S. legal system when deciding how to resolve these cases,” the company stated.
There have been no significant updates related to this litigation since November 2022.
Bayer’s Defense Tactic
Using a legal defense known as preemption, Bayer attempted to filter out allegations during the litigation procedure.
The firm argued that the FDA, a distinguished body, authorized Essure on a federal level, providing Bayer with a defense against accusations that it neglected to alert the public to potential risks.
Essure cases became more complex due to the preemption problem, and several judges dismissed cases on preemption grounds. Nevertheless, notwithstanding preemption, California’s Alameda Superior Court Judge Winifred Smith permitted Essure litigation.
Other judges reject cases due to non-compliance with court requirements. For instance, in January 2018, U.S. District Judge Stephen N. Limbaugh Jr. of St. Louis, Missouri, dismissed 92 out of 95 plaintiffs from the federal Essure action.
Complaints in Lawsuits
Women’s lawsuit claims about injuries range from excruciating pain to incapacitating autoimmune diseases. Former FDA official and CEO of the device events analyst Madris Tomes informed Drugwatch that the FDA had received 26,272 complaints of adverse events using the device between the time it approved Essure in 2002 and January 2018.
Many women continue to experience chronic pain and inflammation due to metal fragments from Essure that remain in their systems, even after undergoing repeated procedures. Several thousand women have filed lawsuits against Bayer.
Essure “migrates from the [fallopian] tubes, breaks into pieces, perforates organs, or corrodes, causing havoc in the female body,” according to the women involved in the Pennsylvania claims. One complaint stated that manufacturing flaws could lead to the gadget cracking and harming nearby tissues and organs. The device’s nickel and plastic fibers may also cause autoimmune issues.
Doctors claim that injuries have made new patients less likely to receive the device.
“The first thing that comes up [when you search for] Essure on the internet is lawsuits,” Boston-based OB/GYN Dr. James Greenberg of Brigham-Faulkner OB/GYN Associates told Modern Healthcare, “You don’t feel particularly thrilled about having that done to you.”
Allegations Against Conceptus and Bayer
According to lawsuits, the device “migrates within the [fallopian] tubes, punctures organs, splits into pieces, or corrodes” rather than performing as intended. These defects caused severe and irreversible harm. Lawsuits have been filed against Conceptus, the device’s original manufacturer, and Bayer, who acquired the business in 2013.
Charges of negligence include failing to warn of the possibility of side effects, among other things. These offenses include express warranty violation, careless risk management, and careless training.
Negligent Training
According to lawsuits, Bayer did not correctly instruct doctors on inserting the device. Instead of providing doctors with actual training, it employed “Essure Simulator Training” and did not confirm that doctors had finished the course before enabling them to put in devices. Additionally, it encourages unqualified physicians to “sell” Essure to clients by buying two device kits a month.
Negligent Risk Management
When marketing the device, Bayer neglected to take these damage reports into account and neglected to submit adverse events to the FDA. For neglecting to report adverse events, such as pregnancies, perforations, and migrations, they were issued federal citations. In particular, Bayer neglected to reveal 16,047 reports of possible problems with medical devices.
Express Breach of Warranty
In their marketing materials and on its website, Bayer made fraudulent claims about the efficacy and safety of Essure.
Women Describe Injuries
Bayer “conspired to engage in…misconduct… to benefit themselves while causing an injustice on behalf of plaintiffs” and their health, according to lawsuits. After issues, some victims lost their families, their marriages, and sometimes their lives.
The Essure experience was drawn out and difficult for numerous women. Before they filed claims, they suffered from poor health for years, had multiple surgeries scheduled, and racked up medical bills. Only three out of thousands of lawsuits have been filed, with Tanya de la Paz, Stephanie Baily, and Heather Walsh’s claims being among the first.
Stephanie Bailey
In 2016, Bradley, Stephanie Bailey’s spouse, brought legal action on her behalf. Following her Essure procedure in November 2010, Stephanie experienced severe joint pain, persistent migraines, numbness in her limbs, and extreme pelvic pain. After a hysterectomy was required to remove Essure, she passed away.
Her spouse is requesting damages for emergency care, funeral costs, and medical bills in addition to the loss of love, care, comfort, companionship, and affection.
Tanya de la Paz
Tanya de la Paz launched her complaint against Bayer in September 2015. The lawsuit claims that de la Paz underwent her first Essure procedure in July 2012. But during the procedure, one of its fallopian tubes burst. The bleeding prompted her to visit a hospital. She underwent a second operation in September 2012. Although the doctor successfully installed the metal coils, she continued to experience everyday pain. Upon her follow-up visit with her doctor after three months, the inspection revealed a damaged coil in the right fallopian tube.
Bayer recommended that her physician remove the damaged coil and the right fallopian tube surgically. She still had the left coil inserted, and it was still causing her severe daily bleeding and pain. She also experienced stomach issues, weight gain, and emotional and mental distress. In September 2015, she made an appointment for surgery to get rid of the second metal coil.
“[Bayer] actively and illegally concealed negative reports of perforations and migrations to Plaintiff and from the FDA,” the plaintiff claims in her case.
Heather Walsh
In 2015, Heather Walsh brought legal action against Bayer. According to her lawsuit, she visited her doctor’s office in 2008 to have the device installed. She had a C.T. scan two years & four hospital stays later for severe pain, fainting, and fever. It was discovered that one of her Essure coils was stuck below her colon. Instead of the expected two micro-inserts, there were three.
To remove the coil from her colon, she needed to have a hysterectomy and another surgery. She now has a history of autoimmune diseases and pain. She stated that Bayer did not adequately warn her or teach doctors.
Walsh’s lawsuit claims that the defendant showed “malicious, intentional, and outrageous conduct, which shows a willful and blatant disregard of the safety and rights of Plaintiff and others.”
Is My Essure Case a Class Action?
Not always. A class-action lawsuit in which several people represent the rights of many. All parties involved in the class action must abide by the court’s decisions.
It is also necessary for every plaintiff in a class-action case to accept the settlement.
Based on each client’s case, the Las Vegas lawyers at Hinds Injury Law Las Vegas choose to represent them. It guarantees that each client may resolve their issue.
Essure Problems Lawsuits
Compensation is sought from Bayer HealthCare in Essure litigation for its failure to alert women to the device’s significant risks and consequences. According to experts, insufficient pre-market testing for Essure puts women at needless risk. No long-term studies were conducted, and post-market reviews only monitored women who had received Essure for one to two years. Experts now wonder if the benefits of Essure outweigh the risks, given what we now know about its risks.
Women were drawn to Essure for a variety of reasons. It offered a less invasive method of sterilization, eliminating the need for hormone therapy or the involved surgery of a hysterectomy. Essure appeared to be a fantastic long-term birth control choice when it was inserted at an outpatient medical appointment under a local anesthetic. Unaware of the risks associated with Essure, over 750,000 people gave their permission to have the device implanted. In the meantime, the pharmaceutical business was making money from Essure device sales, which brought in $47 billion worldwide in 2014.
No-Cost, No-Obligation Essure Lawsuit Case Review
Women and the relatives of women who experienced internal injuries, pain, or other side effects of Essure may be eligible to bring a lawsuit against the company to get damages for pain, suffering, missed income, and costs associated with medical care or surgery. Through Essure lawsuits, consumers can hold Bayer Healthcare responsible for failing to test the product’s safety and alert users when a pattern of problems appears.
Our attorneys handling Essure issues claims across the United States provide a free case evaluation without strings attached. Just use this website to get in touch with our company, and we would be pleased to answer any questions you may have and to have a comprehensive review of your situation at no cost to you.
Schedule A Free Consultation
You could be eligible to join a class action lawsuit against Bayer AG about Essure if you used the product and had allergic reactions, injuries, or unplanned pregnancy. Depending on the extent and length of the issues you encountered, you might be eligible for compensation for any medical damages that Essure caused.
Find out if you can join hundreds of others in an action against the manufacturer of Essure by contacting the knowledgeable attorneys at Hinds Injury Law Las Vegas to start the process. Our team is equipped to handle your claim since they have expertise in bringing class-action lawsuits. We can offer you a free consultation to determine if you’ve got a case and should receive compensation.
For more information on how https://hindsinjurylawlasvegas.com/ can help you with Essure Lawyer Las Vegas, please contact us at (702) 940-1234, or visit us here:
Hinds Injury Law Las Vegas
600 S 8th St Suite 140, Las Vegas, NV 89101
