Plaintiffs in a mass tort action against Bayer Corp. have laid out their case for damages against the makers of Essure birth control.

The women have brought their claims together in a single Essure lawsuit in a Missouri state court against Bayer Corp. and its related companies, the manufacturers of the Essure birth control system. They allege they suffered Essure side effects beyond what they were led to expect from the information provided by the manufacturer.

The Essure Birth Control System

According to the plaintiffs, Essure birth control consists of two metal coils separated by a layer of polyester fibers. These implants can be put in place via an outpatient procedure in a doctor’s office. The physician inserts the implants through the vagina and cervix and into the fallopian tubes.

Over the subsequent three months, the implants are intended to stimulate growth of tissue that blocks the fallopian tubes, preventing eggs from being fertilized. Testing after that three month period is recommended to confirm that each fallopian tube is fully blocked.

One Plaintiff’s Experience

Plaintiff Sabrina D. of California claims she suffered Essure side effects that are typical of other complaints raised about the product. She says she was implanted with Essure birth control in September 2011. Since then, she says she has been suffering from “blurred vision, migraine headaches, painful intercourse, pelvic pain, back pain, hives and shooting pains in her colon.”

Two rounds of testing also confirmed that her left fallopian tube had not been sufficiently obstructed. During surgery to remove her Essure implants, her doctors discovered the device had migrated out of place and become embedded in her uterus.

She says her Essure problems have prevented her from “practicing and enjoying the activities of daily life she enjoyed pre-operatively.”

Allegations Against Conceptus and Bayer

The plaintiffs allege that the original designers of Essure were too motivated by business necessity to be bothered with designing a safe product. The idea for the device originated with the company Conceptus in 1998. At the same time, Conceptus was hundreds of millions of dollars in debt.

Plaintiffs say Conceptus saw the market for permanent female birth control as a huge business opportunity and a way to resolve its financial problems. They allegedly designed Essure to be a more competitive option for permanent birth control and safer than all other permanent options.

To promote use of Essure, plaintiffs say Conceptus engaged in a fraudulent promotional campaign that allegedly went as far as to “defraud physicians and patients, by means of false and fraudulent pretenses, representations and concealment of material facts.”

Plaintiffs say thousands of patients complained to Conceptus about Essure problems shortly after the product was made available. Yet Conceptus allegedly kept these complaints to itself rather than make them available to the public, supposedly out of concern that publication of the complaints would cause Essure sales to fall.

According to the plaintiffs, Conceptus withheld these complaints not just from the public but also from the FDA. They allege the company violated its obligations under federal law to report Essure problems to the FDA.

Bayer purchased Conceptus in 2013 and has continued to make Essure birth control since then.

This Essure Lawsuit is filed under Case No. 1622-CC00690 in Missouri state circuit court for the city of St. Louis.