Lawsuits filed by 14 women in 11 consolidated cases alleging Bayer had failed to warn the Food and Drug Administration about thousands of complaints associated with the Essure permanent birth control device from 2008 to 2013, may move forward according to California state law. This was the finding of Superior Court Judge Winifred Y. Smith.
Bayer had argued that approval of the device by the FDA protected the pharma giant from personal injury lawsuits. The judge ruled to the contrary saying that the complaints are not preempted by federal law and can advance. She did agree on one area, regarding claims made by the women that warnings should have gone to doctors and patients. Any complaints about warnings, above and beyond those approved by the FDA, are preempted.
In Pennsylvania a similar ruling in March allowed lawsuits against Bayer filed by five women to move forward, ruling that they were not preempted by federal law. That finding opened the gate for Essure injury claims by women to heard.
Essure became the only non-surgical birth control method on the market after it was approved by the FDA in 2002. It is comprised of two nickel alloy coils that are inserted into the fallopian tubes, causing a buildup of scar tissue over a period of about three months, creating a barrier that prevents sperm from reaching the egg.
The FDA, after receiving an increasing amount of complaints by women alleging harm from their Essure, as well as women’s advocacy groups, ordered that a black box warning be placed on the safety label of Essure. The FDA also ordered a collection of “real world” data by Bayer on Essure side effects.
The allegations involving Essure include:
- Migration of the device causing puncturing of the fallopian tubes or vaginal wall.
- Allergic reactions
- Abdominal pain
- Unusual bleeding
- Back pain
- Unintended pregnancy
- Ectopic pregnancy
- Fetal death
- Death of the Essure user in rare cases.
Filing an Essure Lawsuit
If you had an Essure implanted and suffered from complications it is imperative that you retain an attorney that has the qualifications to handle difficult cases such as these. The attorney must have the required resources to wage a long-term battle against pharma giants like Bayer and their powerful legal teams. The attorney must be willing to go the distance to win the maximum amount you are entitled to, without settling for less. Beware of settlement mills whose lawyers have rarely, if ever, stepped foot in a court room. Run from paid lawyer referral services. Any attorney can pay to be referred regardless of their qualifications or track record. You want an attorney who has your best interest at heart, not their own.
Dolman Law Group has been fighting for the justice of countless individuals who have been harmed by bad drugs and defective medical devices for many years. We have the resources required to finance your case against the giant drug companies no matter how long it takes. We will never take a penny from you until we claim victory.
Cases regarding Essure and any other medical devices are subject to the statutes of limitation. These statutes may begin from different starting points depending upon the individual state. That is why it is important to retain an attorney without waiting. You may risk your opportunity to seek compensation. Call Dolman Law Group right away to arrange a free consultation with a qualified product liability attorney. Call (727) 853-6275 today. We are here to help.
Dolman Law Group
5435 Main Street
New Port Richey, FL 34652
Source: Law 360