Essure, a popular but controversial method of permanent birth control, has been associated with severe complications. Recently, a multi-plaintiff Essure complications lawsuit in the state of Missouri faced dismissal.

Essure is a medical device designed to be a form of non-surgical permanent birth control for women. Marketed as an alternative to tubal ligation, Essure has been promoted by doctors and by Bayer Healthcare, the manufacturer of Essure.

Essure works by implanting a small coil made of metal and polyester into each of a woman’s fallopian tubes. Over a short period of time, the fallopian tube creates scar tissue around the Essure coil which blocks the tube. If the tube is blocked, the egg and the sperm cannot meet, thereby preventing conception.

Three months after a woman has been implanted with the Essure device, she returns to the doctor’s office for a post-procedure checkup to ensure the implantation was successful and that the tubes are blocked.

This process is irreversible. However, many women experience complications, and some have even requested for the coils to be removed. Even though the Essure device coils can, in some cases, be removed, it can require a full hysterectomy in order to rectify the problems.

Some Essure complications are minor such as bloating, rashes or pain. However, some women experience greater problems such as allergic reactions, excessive bleeding, organ or fallopian tube perforation, pelvic pain, miscarriage and ectopic pregnancy.

A group of 92 women have joined together to file an Essure complications lawsuit against Bayer Healthcare. In 2016, a St. Louis Circuit Court judge ruled that this Essure complications lawsuit could go forward in Missouri. However, Bayer recently called for the case’s dismissal based on two reasons.

First, they claim that this Essure complications lawsuit should not move forward on the basis that only 7 of the 92 women are from the state of Missouri. Bayer is asserting that the plaintiffs that do not have a sufficient connection to the state and is asking that the case be moved to a more appropriate venue.

The second reason Bayer puts forth for dismissal of the Essure complications lawsuit is the company’s assertion that all the claims in the lawsuit are preempted by federal law, since the FDA approved the medical device. Because of this, Bayer argues they are immune to these claims.

This has resulted in a back-and-forth fight between the State Supreme Court that agrees with Bayer and a group of plaintiffs that are fighting hard to keep the Essure complications lawsuit in Missouri, the state in which the clinical trials were performed.

The Supreme Court judges have allowed the St. Louis Circuit Court to hear the amended petition of the 92 plaintiffs.  Bayer continues to assert that their medical device is safe, even though thousands of women report major Essure complications. The consumers’ claim they were not informed properly of the risks of Essure and if they had, they would not have opted to have the device implanted.

If you or someone you love has experienced problems as a result of Essure, contacting an experienced attorney may help you understand if filing an Essure complications lawsuit is the right choice for you.