After many deaths and thousands of injuries, some action is finally being taken against Bayer. Before acquiring it, Conceptus was the company that initially manufactured and distributed Essure. Essure is a kind of birth control implant that causes the scarring of tissues in the fallopian tubes. Phoenix Essure lawsuit attorneys are all well aware that the make-up and implant process of the device both have had detrimental effects on women around the world.
Sadly, this device comes with significant risks, and Bayer did not appropriately notify its customers and the medical fraternity. When working with an attorney in a defective medical device or drug case, you understand the various aspects of the device design and implant process, which may be significant in a lawsuit. If you’ve previously used Essure and consequently suffered injuries, you should reach out to our Phoenix mass tort attorneys to find out how we can assist.
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From the time it was introduced into the market in 2002, approval of such devices depended on the possibility of useful studies in the future. While such studies didn’t materialize, this device’s prevalent use has presented various findings that would have otherwise been clear through the studies.
Conceptus, Inc. was looking at over 30,000 official reports and complaints within the first ten years of the device’s use. Even with this trend, the company didn’t inform the FDA, the medical fraternity, or its customers. As such, the failure to educate the public about the effects of this device forms a significant part of Essure lawsuits.
Bayer – the current manufacturer of Essure – maintains that the device is 99.84% effectual at preventing pregnancy. However, Contraception, an authoritative journal in the field, affirms that these claims are overly exaggerated. Any factors surrounding the implant process of the device could mean an unplanned pregnancy. An imperfect implant process implies incomplete blockage and unexpected pregnancy.
Conceptus is in no position to table clear statistics, as the individuals surveyed only include those between 22 and 44 years. What’s more, the company didn’t follow up on these surveys after five years.
Are There Lawsuits Pending Against Essure?
Bayer and Conceptus Inc. are facing over 16,000 lawsuits. The complainants are all women who suffered damage to the abdomen after having the birth control devices implanted. The damage resulted from the breaking or fracturing of the device and the movement of the fragments throughout the reproductive system.
Lawyers argue that if the patients and doctors involved were aware of these potential risks, they would opt for alternative forms of birth control. Birth control alternatives, including tubal fulguration, tubal ligation, hysterectomy, salpingectomy, or clip applications, are all viable long-term birth control options.
What Are Some Risks Associated with Essure?
The FDA has come up with the various risks presented by the use of Essure for birth control. Some of the short-term risks include backache, pain, vaginal bleeding, and cramping.
Its long-term risks are, however, far more serious. These include:
- Unplanned pregnancies
- Ectopic pregnancy (pregnancy out of the uterus)
- Position shift by the device
- Allergic response to the device
- Puncturing of the uterus or fallopian tubes
- Symptoms of autoimmune disease
- Joint pain
Following the fracturing and movement of the Essure implant, the chances of having the patient undergo multiple surgeries are high. Apart from the procedure to remove the device being invasive, it may also necessitate a hysterectomy. Most women favored the use of Essure to avoid uterus removal.
Since FDA has received more than 26,000 official complaints against Essure from 2002 to date, they’ve had to take action. Most of these complaints came from women who voluntarily came out clear of the effects of Essure, a device they thought was safe to use.
Other issues associated with the use of Essure include heavier and irregular menstrual flows, weight fluctuation, headaches, device breakage, pain, and shift of the device’s position.
Essure Warnings & Recalls
The FDA took its first action against Essure in September of 2015 in a meeting with Obstetrics and Gynecology Devices Panel, a Medical Devices Advisory Committee player. Scientific and clinical opinions were discussed, and so were patient experiences. After the meeting, the FDA obliged Bayer to survey its market, where they were required to do a study on the risks and benefits of Essure.
In November 2016, the FDA went further to oblige Bayer to place a black box on all Essure packages with a clear warning about abdominal pain, perforation, and other risks.
2018 saw significant more actions against Bayer and Conceptus. In April 2018, the FDA restricted Essure sales to medical professionals who would agree to educate the public on the device’s risks. In July, Bayer broke the news that it would seize selling Essure.
What Can I Be Compensated For In A Lawsuit Against Essure?
If the device has led to injuries, it is possible to receive compensation if you open a lawsuit in Phoenix, AZ. When opening a suit against Bayer, you may seek damages for:
- Medical bills (past and future)
- Pain and suffering as a result of using the defective device
- Lost wages if you can no longer work due to treatment or surgery
- Economic losses that came with the use of the device
- Punitive damage, where applicable
How Much Can I Get From An Essure Settlement?
Currently, there are no large group settlements from Conceptus or Bayer. This form of litigation might take a long time for resolve, and it might necessitate working with teams of attorneys on million-dollar checks to solve the mystery of these cases. What’s more, these attorneys would have to prove that the situations could have been avoided.
Get A Free Consultation For Your Phoenix Essure Lawsuit
If you have experienced any problems following the Essure implantation, then you should seek top-quality legal representation. A Phoenix Essure lawsuit attorney comes in handy in the preparation of your case from the beginning. By working with medical professionals and lawyers experienced in personal injury and defective products, you can build a watertight case against Bayer.
Don’t hesitate, call the Dalimonte Rueb Stoller Law offices. By reaching out to our Phoenix class action firm, you can schedule a free initial consultation with attorneys who are specialized in defective medical products. Get to know more about the worth of your case and the best way to ready your lawsuit.