A group of plaintiffs has brought forth an Essure implant lawsuit against the makers of the contraceptive device claiming that they did not properly warn patients about the complications and risks.
Twelve women have filed an Essure implant lawsuit together against Bayer HealthCare in the Superior Court of the State of California, Alameda County, regarding their Essure devices.
They have complained of numerous complications and the fact that Bayer HealthCare did not warn them about the possibility of the serious problems associated with Essure.
Essure is a permanent, non-surgical birth control device that has been approved for use by the U.S. Food and Drug Administration since 2002.
It is made of two flexible coils made of metal and polyester. They are implanted through the vagina into each of the fallopian tubes. Over time, tissue grows around the coils and blocks the fallopian tubes. When the fallopian tubes are blocked, the sperm and the egg cannot join and conception cannot occur.
After receiving the Essure implant, in roughly three months patients visit their doctor to determine if the tissue has successfully blocked the fallopian tube.
Problems Reported with Essure Implants
When Essure came on the market, it was marketed as a safe and efficient alternative to tubal ligation. It is the only form of permanent yet non-surgical birth control for women. Bayer promised that recovery time was quicker and that the device was safe for use by women.
However, thousands of women around the world have suffered major complications from Essure including bloating, rashes, allergic reactions, excessive bleeding, organ perforation, pelvic pain, miscarriage and ectopic pregnancy.
The women in this Essure implant lawsuit claim that they suffered from symptoms such as persistent bleeding and pain and the need for additional surgery. Each plaintiff in this Essure implant lawsuit allege that they had to have the Essure devices removed because of these severe complications.
According to this Essure implant lawsuit, the plaintiffs claim that when they discussed their symptoms with their doctors, neither they nor their doctors had any reason to suspect that their Essure devices were defective.
Additionally, each of these women was implanted with Essure devices prior to 2015. In 2015, the FDA convened public hearings regarding the Essure device.
They believe that the “Defendant’s misconduct and fraudulent concealment of the relevant facts deprived Plaintiffs and their physicians of vital information essential to the pursuit of these claims, without any fault or lack of diligence on their part.”
Essentially, their complications and subsequent removals of their Essure devices were the fault of Bayer HealthCare’s failure to address known problems with Essure, according to this Essure implant lawsuit. They believe that Bayer HealthCare “intentionally, willfully, and maliciously concealed and/or suppressed the facts” for both patients and the medical community.
This Essure implant lawsuit has brought forth claims of negligence, strict products liability, breach of express warranty, breach of implied warranty, fraud, request for punitive damages and fraudulent concealment among other things.
This Essure Implant Lawsuit is Case No. 3:17-cv-04985-EDL in the U.S. District Court for the Northern District of California.
In general, Essure lawsuits are filed individually by each plaintiff and are not class actions.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.
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