California Court Green Lights Essure Cases
This is Amy German, Managing Associate attorney for The Michael Brady Lynch Firm.
Essure manufacturer, Bayer desperately tried in a California court to have the lawsuits filed against them thrown out with three separate motions. Each were unsuccessful. This means that the women who filed product liability suits against Bayer will have their day in court, which also brings good news to the thousands of women injured by Essure all over the United States that they can file their own cases with confidence that they will be heard.
Essure is a soft, flexible metal spring made from a nickel-titanium alloy. Doctors offer it to women as an alternative to the invasiveness of tubal ligation for permanent birth control. Essure typically involves general anesthesia and a laparoscopy in the doctor’s office unlike a tubal ligation, which occurs in a hospital and requires surgery. OBGYNs insert one Essure coil into each fallopian tube. Scar tissue will form around the coil to obstruct eggs from leaving the fallopian tubes to become fertilized. Three months after the procedure, women must have a follow-up procedure involving an X-ray and dye to confirm that the tubes are fully blocked. Bayer claimed almost 100 percent effectiveness at preventing pregnant and is perfecting safe, however thousands of women disagree.
Essure’s warning literature does not mention that if a woman wants to remove Essure they have only one option: a complete hysterectomy. Many times the fallopian tubes and uterus are too scarred and damage to be saved. The long-term effects of just having a hysterectomy is staggering (incontinence, bowel dysfunction and pelvic organ prolapse). In addition to hysterectomies, labeling does not warn women that they have a 10% increased risk of pregnancy. This is four times the risk of pregnancy than those with a tubal ligation.
For these reasons, plaintiffs are arguing that Bayer failed to monitor and test Essure adequately. They did not conduct a regular risk analysis or exercise reasonable care in its manufacturing and quality control process. Bayer also didn’t appropriately train physicians how to prescribe or implant the device correctly. All of these led to thousands of women receiving horrific side effects after Essure use.
At The Michael Brady Lynch Firm, we believe patients should be given the facts to make an informed decision. We will fight to make sure you won’t be victimized again. If you or a loved one have been a victim of Essure, please call us at 877-513-9517.