More than 12.5 million American women rely on permanent birth control devices to prevent unplanned pregnancy. Essure is a permanent, non-surgical birth control device on the market since 2002. Unlike pills, this birth control method doesn’t require the daily use of hormones. Patients believed it would be easier, safer, and cheaper than daily pill contraception, and just as effective. During the simple 10-minute in-office procedure, an OBGYN inserts the flexible metal coil device into the fallopian tubes, without incisions or anesthesia. Once in place, tissue grows in and around the device, creating a blockage that prevents the union of sperm and eggs.
The first Essure lawsuit was filed on behalf of plaintiff Heather Walsh in Philadelphia civil court in July 2014. The device migrated, leading to five hospitalizations, a hysterectomy, and chronic auto-immune disorders. According to the lawsuit, manufacturers failed to properly train doctors on how to insert the device and intentionally misled patients and regulators regarding the safety of their device. A year later, Essure lawsuits were filed at an accelerated pace, as awareness of Essure problems spread.
If you or a loved one has used Essure as a form of birth control and suffered sudden, adverse side effects like those mentioned, you need an experienced personal injury attorney to help you make your case. Bart Bernard of Lafayette and Baton Rouge, Louisiana has been assisting plaintiffs nationwide with their Essure lawsuits. His ranking among the Elite Lawyers of America and Multi-Million Dollar Advocates Forum puts him among the best in the nation. His extensive network includes medical experts who can help you substantiate your claims for compensation.
The Law Firm of Bart Bernard has been following this litigation from the beginning:
Common Essure complaints filed with the FDA include:
Nickel allergy sufferers have had wide-ranging symptoms, such as:
Women have described their Essure side effects related to migration and perforation as feeling like:
In one account, Becky Beesley of Gilbert, AZ told the local news her leg started to tremor and she threw up immediately after the procedure. Her pain was so bad that, within a few months, she had to quit her job as a teacher. The doctor removed the coils, but it was later discovered she had pieces of metal embedded in her uterus. She went through a hysterectomy to remove her reproductive organs. More stories can be found on a public Facebook page called “Essure Problems.”
Essure deaths have resulted due to:
In March 2016, Federal Judge John R. Padova dismissed a group of claims based on allegations of fraudulent misrepresentation. However, he added that Essure’s premarket approval status did not prevent plaintiffs from filing claims of negligent misrepresentation.
In the summer of 2016, plaintiffs in several actions petitioned the Judicial Panel on Multidistrict Litigation to consolidate the cases into MDL No. 2739. Multi-District Litigation centralizes hearings before one common judge to “promote the just and efficient conduct, eliminate duplicative discovery, prevent inconsistent pretrial rulings, and conserve judicial resources.”
Plaintiffs withdrew their motion to centralize Essure birth control lawsuits after Judge Petrese B. Tucker of the Eastern District of Pennsylvania consolidated 18 Essure cases pending in the District Court to vacate proceedings. Judge Winifred Smith of Alameda County issued a case management order on Dec. 21, 2016 to streamline discovery proceedings from across the country. Lawyers are digging into what the device manufacturers knew and when. They hope to begin trials as early as 2018.
A federal MDL is still possible if a judge allows large numbers of consolidated lawsuits to proceed – that is, if an early class action settlement offer does not arise first. The company continues to stand by their product, despite the updated black box warning.
In order to qualify for compensation, plaintiffs must have suffered harm as the result of their Essure use.
Spouses may file additional claims for loss of companionship, lost income, loss of consortium – and, in the worst cases, wrongful death. In the event of death, dependent children can file for loss of support and guidance.
Most states have a statute of limitations determining how long you have to file, but the clock starts ticking from the time of discovery, not the time of insertion, so you may still be eligible to pursue legal action. Contact dangerous medical device attorney Bart Bernard for a free, no-obligation case review at 888-GET-BART.
Last modified: March 21, 2017