What is Essure and Why Are People Filing Essure Lawsuits
Most people who use some form of birth control choose the pill. It’s easy to take and very convenient. You can also stop taking it as soon as you want. But, there are alternatives to the pill. Over the years, there have been dozens of kinds of contraception. There are implants, foams, and diaphragms. One of the newest devices is a product called Essure.
Essure is a birth control device that’s implanted right into your body. You may remember the devices that came on the market in the 1990s and 2000s. They were also implants that were supposed to prevent pregnancy. There were a lot of issues with them. That’s why many of them are no longer on the market. Essure is no different.
Researchers have found that many of the Essure implants were defective. Either they didn’t work altogether, or they caused medical complications for the patients. Patients who suffered injuries from Essure are entitled to compensation for their injuries.
The Essure lawsuits are being treated as mass tort cases. This means each one involves numerous plaintiffs. The attorneys handling these cases present all their plaintiffs at one time. Once the case settles, each plaintiff will receive her share of the money.
What Exactly Does Essure Do?
The Essure device implants two metal devices into your fallopian tubes. These metal implants create enough scar tissue in the tubes to prevent fertilization from taking place. This is how it prevents pregnancy.
Unlike the birth control pill, the effects of Essure don’t wear off in a few days. If your body reacts poorly to the device, it could take weeks or months to get back to normal. They have to actually remove the implant before you can expect to experience any relief.
Removing the Essure device isn’t easy. It can be very painful and expensive. Depending on your situation, the implant may have traveled to other parts of your body. This could require invasive surgery to correct.
How is Essure Injuring Plaintiffs in Washington, D.C.?
There are a lot of side effects to Essure. These side effects can be temporary or long-term.
Some of the problems caused by Essure include:
- Weight gain
- Nickel sensitivity
- Unwanted pregnancy
If you’ve suffered any of these, you need to contact your doctor immediately. Your mass tort lawyer will need your medical records to prove your case. If you don’t seek treatment, you could become very sick. It can also hurt your future legal claim.
If these symptoms appear, you have to get treatment immediately. The defendant in your lawsuit will argue that you would’ve discovered your injuries sooner had you been responsible. If this happens, the Court may rule that you’ve missed the statute of limitations.
Your Mass Tort Lawyer in Washington, D.C. Will Demand Damages
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.
Whether or not you can demand damages for an unplanned pregnancy is up in the air. If you had the Essure implant but still got pregnant, you may be able to argue for damages. 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.
Essure is Still on the Market
As of last year, thousands of people have filed suit against Bayer, the manufacturer of Essure. The company had paid out over $400 million in damages by 2016. That number is probably going to double by this year. Clearly, the company is aware that their product is dangerous. Yet, they still market it in both the U.S. and Canada.
The FDA did require that Bayer put a warning label on their product. But this doesn’t change the fact that women are still getting injured every day. It just means it’ll be harder to sue the company because you can no longer claim that the company failed to warn.
Just because of the warning, it doesn’t mean you can’t file suit against Bayer. If you’re injured by the Essure device, you still have a valid legal claim against the company. You’ll just have a harder time proving causation. The defendant will claim that you assumed the risk by agreeing to use the product.
Clearly, Bayer has decided that they’ll make more money selling the product than they will be taking it off the market. They’re willing to pay out whatever lawsuits come their way in the meantime.
Contact a Mass Tort Attorney in Washington, D.C., Today
If you have suffered injuries as a result of Essure, you need to speak with a mass tort attorney in Washington, D.C. right away. You only have three (3) years to file suit in Washington, D.C. If you miss this deadline, your claim will be forever barred.
Your mass tort 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!