Tens of thousands of injuries and dozens of deaths have finally led to some action against Bayer. Conceptus, which was the original manufacturer and distributor of Essure was acquired by Bayer. Essure is a form of implanted birth control that leads to the formation of scar tissue in the fallopian tubes. Attorneys who handle Atlanta Essure lawsuits are all too aware that the device’s design and implantation have had a significant impact on women throughout the world.
The device, unfortunately, can come with serious risks that Bayer failed to inform its customers and the medical community accurately about. When you work with defective medical device and defective drug lawyers, you get to learn more about the aspects of the design and implantation of the device that affect your case. If you have previously used Essure and it resulted in injury, you need to contact our mass tort law firm in Atlanta to see how we can help.
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Essure became available in 2002 and from then on, the approval of the devices relied on the promise of future studies. The future studies were never completed, but the increased use of the devices has revealed several findings in place of the studies.
Within the first 10 years of use, Conceptus, Inc. had received more than 30,000 formal reports or complaints from consumers. Still, even with the onslaught of problems, the company never notified its consumers, the medical community, or even the FDA. Failure to warn the general public about the problems is a key component of Essure lawsuits.
Bayer, the current manufacturer of Essure, claims that the device is 99.84 percent effective at pregnancy prevention. Contraception, a journal for the field, however, states that such claims have been exceptionally embellished. Any number of factors that surround implantation may impact the risk of an unplanned pregnancy. If the device isn’t perfectly placed, it may lead to incomplete blockage and unexpected pregnancy.
Conceptus has failed to provide clear statistics on use since it only surveyed patients between ages 22 and 44. In addition, there was no follow-up following a 5-year window.
Have There Been Lawsuits Filed Against Essure?
16,000+ lawsuits were filed against Conceptus Inc. and Bayer. The plaintiffs are all women that suffered abdominal damage from birth control devices. All damage was done after the device either fractured or broke and subsequently moved throughout the reproductive organs.
Lawyers are arguing that if both patients and doctors involved had been properly informed of the risks, they probably would have opted for a different birth control option. Other options such as tubal fulguration, tubal ligation, hysterectomy, salpingectomy, or the application of clips are all long-term birth control options.
What Are Some of the Risks Associated with Essure?
The FDA has managed to gather some information regarding the risks associated with Essure. The short-term risks include vaginal bleeding, back discomfort, cramping, and pain.
Long-term risks, however, can be far more severe. They include:
- Device migration
- Ectopic pregnancy (pregnancy outside the uterus that may be fatal)
- Unintended pregnancy
- Allergic reaction to the device
- Puncture of the fallopian tubes or uterus
- Joint pain
- Autoimmune disease symptoms
As the Essure implant fractures and moves, chances are that the patient will require several surgeries. Not only will removing the device be invasive, but it may require a hysterectomy. Women often opt to use Essure in the effort of avoiding uterus removal.
The FDA received more than 26,000 reports of Essure devices failing since 2002 and has started taking action against the devices. The vast majority of reports are from women that spoke out voluntarily against Essure devices that they chose to have implanted with the understanding that it posed no risk.
The most common problems associated with Essure implants include irregular menstruation, heavier menstruation, weight fluctuation, headaches, device movement, device breakage, and pain.
Essure Warnings and Recalls
The FDA first acted in September 2015 when it arranged a meeting with the Obstetrics and Gynecology Devices panel within the Medical Devices Advisory Committee. They discussed both clinical and scientific opinions, patient experiences, and much more regarding Essure. The result of that meeting was that Bayer was ordered by the FDA to survey its market. Bayer would specifically have to conduct a surveillance study about the risks and benefits of using Essure.
The FDA took further action in November 2016 by requiring that Bayer place a black box on all its packaging for Essure with warning about abdominal pain, perforation, along with other complications.
2018 was the year when a significant movement was taken against Conceptus and Bayer. First, the FDA restricted the sale of Essure in April to medical providers that agreed to educate patients on the device and the risks it posed fully. Bayer, on the other hand, announced that it would end all sales of Essure.
Can I Be Compensated If I File a Lawsuit Against Essure in Atlanta?
If your Essure device has caused an injury, you are likely to receive some form of compensation if you seek legal redress in Atlanta, GA. You will seek damages for the following when you file a lawsuit against Bayer:
- Past and future pain and suffering that resulted from a defective device
- Economic losses associated with the injuries
- Lost wages if you missed work for treatment associated with your Essure device
- Past and future medical bills
- Punitive damages, if and when appropriate
How Much Can I Get from an Essure Settlement?
Today, there currently aren’t any large group settlements from the manufacturers of Essure i.e. Conceptus, Inc. or even Bayer. Litigation of this type may take years to resolve and may rely on teams of lawyers working with millions of dollars to find out exactly what happened. The lawyers will also often need to know how such situations could have been prevented.
To Get a Free Consultation For Your Atlanta Essure Lawsuit Today!
If you have experienced problems after Essure implantation, you need to ensure that you obtain legal representation. An Atlanta Essure lawsuit attorney will help you prepare for your case from beginning to end. You can have a strong case against Bayer if you work with medical experts and lawyers familiar with product defects and personal injury.
Avoid delaying, contact the Law Offices of Dalimonte Rueb Stoller. When you get in touch with our Atlanta class-action attorneys, you will receive a free consultation from professionals specializing in defective medical devices. Learn more about the worth of your case and how to properly prepare for the lawsuit.