What Are the Latest Updates on Essure Cases in Los Angeles?
So many different birth control devices have come and gone over the years. The most common is the birth control pill. But, there have been many other types. There are implants, foams, and diaphragms. One of the newer devices was a product called Essure. The Los Angeles Essure lawyers at Dalimonte Rued, LLP represent women suffering medical complications from the use of Essure
Essure is a birth control device that is implanted in the body. For some people, you may remember that there was a lot of these devices that came on the market in the 1990s and 2000s. A lot of them are no longer on the market because they were found to be dangerous. Essure is no different.
Recently, they have found that a lot of the Essure implants were defective. They either didn’t work, or they caused complications for many patients. Patients who suffered injuries as a result of the Essure implant are entitled to compensation.
Like so many other medical devices, the Essure lawsuits are being treated as mass torts. This means that each case involves numerous plaintiffs. The attorneys handling the case will present all the cases at once. Once the case settles, each plaintiff is entitled to her share of the money.
How Does Essure Work?
The way Essure works is that it implants two metal devices into the fallopian tubes. These metal implants create scar tissue in the tubes that prevent fertilization from taking place – thus, preventing pregnancy.
Unlike a birth control pill, the effects of Essure don’t wear off in a few days. If you don’t like the side effects of the birth control pill, you can stop taking it. Within a few weeks, it’ll be out of your system and you should feel better.
With a device like Essure, you have to get the implant removed. This is not an easy process. And, depending on your situation, the implant may have traveled to other parts of your body. This could require invasive surgery to correct.
Why are People Filing Essure Lawsuits in California?
Like some of the earlier birth control implants, studies have found the Essure can cause many medical complications.
Some of the problems caused by Essure include:
- Weight gain
- Nickel sensitivity
- Unwanted pregnancy
If you’ve suffered any of these issues, make sure you seek medical treatment immediately. Your attorney will have to rely on medical records to prove your injuries. If left untreated, not only can it make you very sick, it may preclude you from filing suit.
If these symptoms appear, you have to get treatment immediately. The defendant in your suit could argue that you should have known you were sick long before you filed suit. If this happens, you may be deemed to have missed the statute of limitations.
What Kinds of Damages Are Los Angeles Essure Plaintiffs Entitled To?
As with most other negligence and product liability cases, Essure plaintiffs will be entitled to compensation. The types of damages involved in an Essure case includes:
- Medical Bills – You’re entitled to compensation for any medical bills caused by the defective device. This also includes future medical bills.
- Lost Wages – If you miss time from work as a result of your injuries, you can demand that you be reimbursed for this.
- Pain and Suffering – A large part of your settlement may come from pain and suffering. This is pretty typical in mass tort cases.
The one interesting issue involved with the Essure cases is an unplanned pregnancy. For people who got pregnant despite the promises of Essure, damages can get interesting. Your attorney may ask that you be compensated for:
- Costs associated with the pregnancy and birth
- Wages lost due to time missed due to pregnancy and raising a child
- The costs of raising a child
There really is no clear-cut notion of how these issues will play out in the Essure cases. Because there is never a 100% guarantee of birth prevention with these products, you may not be able to recover.
Is Essure Still on the Market in Los Angeles?
As of 2017, over 3,700 plaintiffs had filed suit against the manufacturer of Essure – Bayer. In 2016, the company had to pay out over $400 million in Essure lawsuits. Yet, they continue to market their products in the U.S. and Canada.
The company was required to put a warning on their box by the FDA. However, women are still getting injured by this device. This means that although it will be harder to sue the company for failure to warn, the company will still be liable for damages.
People are injured by the device may still have a valid claim against Bayer. For example, there are many people who had the device implanted long before any warning appeared on the box. There are also people who will be injured by the product despite the warnings.
Clearly, Bayer has decided that it makes more sense for them financially to continue to market the product and settle any lawsuits that may come along.
Contact a Mass Tort Attorney in Los Angeles, California Today
If you or a loved one have used the Essure implant, you should get checked out by a doctor. Also, if you have any of the symptoms discussed above, you may have a claim against Bayer or another manufacturer of the device.
If you have suffered injuries as a result of Essure, you need to speak with a mass tort attorney in Los Angeles right away. You only have three (3) years to file suit in California. If for some reason you didn’t even realize there was an issue within three years, you’ll only get one (1) year to file. If you miss these deadlines, your claim will be forever barred.
Your Los Angeles Essure attorney will review your case. He can let you know if you qualify for one of the class action suits or can file an independent lawsuit. He can also give you an idea of what your case may be worth.
Call and schedule your free initial consultation today. And remember – you pay nothing until you settle your claim!