Bayer, one of the largest pharmaceutical companies in the world, is finally being sued for one of its products, Essure, that’s caused thousands of injuries and dozens of deaths. It is worth noting that the Essure was initially manufactured and distributed by Conceptus Inc. before Bayer bought the company.
Essure is a type of permanent, implanted birth control that contains small fiber and metal coils and is placed in a patient’s fallopian tubes. The implant scars the tissue around the patient’s fallopian tubes, keeping sperm from reaching the ova. And while Essure lawyers in San Diego are aware of the fact that the device’s design and implantation have had a significant impact on women all around the world, the product does present serious risks. The worst part about this is that both Conceptus and Bayer knew about this, and they failed to inform the medical community and consumers accurately.
If you suffered injuries caused by Essure, or someone you know got injured or died because of using this product, then consider seeking the services of an attorney that specializes in handling San Diego Essure lawsuits. An attorney who specializes in these matters can help you learn more about the different aspects of the device’s design and how it is implanted – things that affect your case.
If you’ve ever used Essure and it caused you harm, reach out to our San Diego mass tort attorneys for more on how we can help you.
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From the moment Essure was made available to the market in 2002, its approval was only based on the promise of studies to be conducted in the future – studies that were actually never completed. Nevertheless, the extensive use of this device has revealed several findings in the place of these studies.
Conceptus, Inc. received over 30,000 formal reports and complaints from its consumer base within the first ten years of its use. Yet, despite this onslaught of issues, the company never notified the FDA, its consumers, or the medical community. Failure to caution/inform the general public about these issues is one of the major components of all Essure lawsuits.
Bayer, which currently manufactures Essure, claims that the product is 99.84 percent effective at preventing pregnancies. However, this claim has been disputed by Contraception, a journal in the field, which states that the claim is exceptionally inflated. There are many different factors surrounding implantation that have the potential to impact the risks of unplanned pregnancies. According to Conception, an imperfect placement of the device could lead to an unexpected pregnancy due to an incomplete blockage.
It’s worth noting that Conceptus is currently unable to present precise data on the use of the device as they only surveyed women between 22 and 44 years of age. Furthermore, they never even followed up on their patients after five years.
Are There Lawsuits Pending Against Essure?
There are over 16,000 suits filed against Conceptus Inc. and Bayer, with the plaintiffs all being women who suffered severe abdominal damage after using the device. All injuries were as a result of the device breaking/fracturing and moving all through the patients’ reproductive organs.
Lawyers are arguing that if patients, and their doctors, knew of the risks associated with the use of the device beforehand, they’d have chosen alternative forms of long-term birth control such as hysterectomy, tubal fulguration, tubal ligation, salpingectomy, or the use of clips.
What Are The Risks of Using Essure?
The Food and Drug Administration has gathered some data/information about the risks associated with using the device. Short-term risks include cramping, pain, vaginal bleeding, and back discomfort.
However, the long-term risks tend to be far more severe. They include:
- Allergic reaction to the device
- Migration of the device
- Unintended pregnancy
- Ectopic pregnancy (pregnancies outside of the uterus. These can be fatal)
- Joint pain
- Autoimmune disease symptoms
- Puncture of the fallopian tubes or uterus
In the event the device fractures and moves, the patient will have to undergo several surgical procedures to correct the problem. Sadly, this is a process that is not only invasive, but it may also require a hysterectomy. In most cases, patients opted for the device just to avoid having their uterus removed.
The Food and Drug Administration has received over 26,000 separate reports of Essure failure since 2002, something that pushed them to take action against the makers of the device. Most of these reports are from patients who voluntarily spoke out against the device they willingly chose to have implanted in them as they knew it was safe.
Some of the most common problems associated with these implants include weight fluctuation, heavier menstruation, headaches, menstruation irregularities, device breakage, device movement, and pain.
Have There Been Recalls For Essure?
The Food and Drugs Administration first took action against Bayer in September 2015 when they held a conference with the Medical Devices Advisory Committee’s Obstetrics and Gynecology Devices Panel. During this meeting, they discussed patient experiences, clinical and scientific opinions, and other things related to the use of Essure. After this meeting, the FDA’s resolve was to order Bayer to survey their market. The company was ordered to conduct a surveillance study on the benefits and risks of Essure use.
In November 2016, the Food and Drugs Administration took further action against the company by ordering them to place a black box on all Essure packages with warnings about abdominal pain, perforation, and other likely complications.
2018 saw further action being taken against Bayer and Conceptus. In April of the same year, the FDA restricted Essure sales to medical providers that had agreed to educate patients on the use and risks of using the device. In July, Bayer made an announcement that it was taking Essure off the market.
Will I Get Compensated if I File a Suit Against Essure?
If you’ve used Essure and it injured you, there’s a chance you’ll receive compensation if you sought legal recourse. Here are some of the damages you can seek when filing an Essure lawsuit against Bayer in San Diego, CA:
- Future and past medical bills
- Future and past pain plus the suffering you went through as a result of using a defective device
- Economic losses associated with injuries suffered
- Wage loss if you had to miss work to seek treatment for injuries caused by the device
- Punitive damages
How Much Should I Expect to Get from an Essure Lawsuit Settlement?
At the moment, Bayer and Conceptus Inc. haven’t yet paid out any large group settlements. It is worth noting that this sort of lawsuits can take years to resolve and often require teams of attorney and millions of dollars to prove what happened. Furthermore, these attorneys will often have to provide proof to show how the issues on hand could’ve been prevented.
Get in Touch With Our Attorneys To Discuss Your San Diego Essure Lawsuit
If you’ve experienced any problems after using Essure, now is the time to take steps to ensure you get compensated for your troubles by hiring the services of professional legal experts. San Diego Essure litigation attorneys can help you understand your options and how to prepare for your case. If you want to build a strong case against Bayer, the best thing you can do is choose to work with attorneys familiar with product defects and personal injury and medical experts.
Call the Dalimonte, Reub, Stoller Law firm now for your free consultation. Our lawyers specialize in defective medical devices and are experts in the field. Give our San Diego class-action law firm a call today to learn more about your case, what it might be worth, and how to prepare for the suit.