Ariel Graces Law Will Provide The Right To Sue Makers Of Medical Devices

June 8th marked the one-year anniversary of the in utero death of Ariel Grace, blamed on the use of Essure a permanent birth control device. It also was the day that HR-5403, a bi-partisan bill, known as Ariel Graces Law, was introduced into the U.S. House of Representatives. The bill would allow any citizen who believes they were harmed by the use of certain medical devices to seek compensation through the court system against the manufacturer.

Ariel Graces Law emanates from Riegel vs. Medtronic, a U.S. Supreme Court ruling that protected manufacturers of certain medical devices from litigation. Ariel Grace’s law is named in honor of an unborn baby who died after 27-28 weeks of gestation. Her death has been blamed on the failure of Essure, a permanent medical device, that was designed to prevent pregnancy.

In an editorial in, Drs. Amy Reed and Hooman Noorchasm wrote that Ariel Graces Law “is about recognizing that no medical device can possibly be perfect. That unreasonable harm is possible in the realm of medical technology, even after FDA approval. That American citizens are guaranteed access to the court. And that without liability signals from the marketplace, via the court system, industry will not have an adequate incentive to improve and eliminate hazards.”

Ariel Grace’s Story – Death Before Breath

Kristiana Burrell has six children and did not want to have any more. She had the Essure device implanted in December of 2013. Her decision was based on information on the devices website posted by Bayer, the manufacturer. The site said that it is a permanent form of birth control that is 99 percent effective.

Five months following the surgical implantation of the device, her doctor discovered that her tube was not blocked. She continued to take a second type of birth control. She stopped getting her period. In June she felt a kick in her belly. A few days later Burrell’s water broke. She went to the ER where a doctor informed her that a portion of the device was exposed, rupturing the placenta and cutting off the blood supply to the infant. Baby Ariel Grace died after 25-27 weeks of gestation. Burrell said she had no idea that her pregnancy was that far along and thought she was having a miscarriage.

“It was the worst, worst thing that could ever happen. It was the worst time of my life,” Burrell said.

Essure History

Essure is made by pharmaceutical giant Bayer Health and was approved as a non-surgical, permanent birth control method. It is made up of two nickel alloy coils that are inserted into the fallopian tubes. Over a period of three months, the coils build up scar tissue that blocks the tubes preventing fertilization.

More than 25,000 women have reported problems from November 2002 to May 2015 alleging problems with Essure. These allegations included unwanted pregnancies, stillbirths, autoimmune reaction, migraines, abdominal pain and bleeding. The device can also migrate causing perforation of the fallopian tube, uterine wall and other organs.

Help for Essure Victims

Any woman who feels she was harmed or had a stillborn child due to the insertion of Essure, should seek the aid of a qualified medical product liability lawyer. There may be compensation available. Because statutes of limitation apply, the time to file a case is limited.

Dolman Law Group is currently seeking women who feel they suffered unnecessarily due to the insertion of Bayer’s Essure birth control device. If you or a loved one are one of these women, a defective medical device attorney would like to help. Call Dolman Law Group at (727) 853-6275 for a confidential consultation at no out of pocket cost to you. Act now, as the time to file your case may be running out.

Dolman Law Group
5435 Main Street
New Port Richey, FL 34652
(727) 853-6275


[3] Remembering Ariel Grace