A U.S. district judge has dismissed several claims by plaintiffs who filed suit against Bayer’s Essure contraception device because the claims missed the two-year statute of limitations.

Judge John Padova evaluated a dozen cases after Bayer filed a summary judgment motion to have 12 Essure legal claims dismissed. The judge dismissed the claims of plaintiffs who alleged Bayer breached a warranty to provide permanent birth control because the plaintiffs did not become pregnant, nor did they claim the coils had migrated or that they needed the coils removed.

The judge did allow six women to continue with claims that the birth control device caused a variety of medical issues and two of those women became pregnant while having the Essure device in place.

Any plaintiff who determined their injuries were allegedly caused by Essure outside the two-year statute of limitations were allowed to continue the tort claims beyond the summary judgment phase.

In one instance, a plaintiff posted on a Facebook Essure Problems Group page in May 2014 that she thought her medical issues were because of Essure, but she did not file a claim until more than two years later. Of that woman’s case, Judge Padova said, “No reasonable jury could conclude that she did not know by May 6, 2014, when she told members of the Facebook Essure Problems Group.”

What is Essure for Contraception?

Essure is a form of permanent birth control consisting of two metal and fiber coils that are inserted into the fallopian tubes through the vagina. The coils are designed to initiate scar tissue growth, a “natural” way to block the eggs from being released by the fallopian tubes.

The coils are made of metal that include a nickel alloy. Patients who have a nickel allergy say they have fought rashes, inflammation and pain they link to the nickel used in the coils.

The coils are also coated with plastic, which consists of PET fibers that are known to break down when exposed to heat higher than the mid-80s range.

Essure was approved by the FDA in November 2002. In mid-2018, after years of receiving complaints of debilitating health issues from women who had undergone the Essure implantation, the FDA tightened regulations on the sale of the device. Bayer stopped selling Essure in the U.S. as of Dec. 31, 2018.

Reported Problems with Essure

In 2009, Angie F. received the Essure implants. She told NBC News in an interview in April 2018 that she would describe the procedure itself as being “extremely painful.” For months, she experienced aching joints, unending bleeding and was feverish.

After conducting an ultrasound, her doctor found an Essure coil had migrated from the intended position in the fallopian tube to her uterus. She had surgery to remove the Essure coils but says metal particles that were too small or too embedded in tissue to be removed have destroyed her reproductive system.

As a result of her experience, Angie says she started the Essure Problems Group Page on Facebook to warn others about the device’s dangers and to provide a forum for women who felt no one was listening to them.

Among the common issues women say they link to the Essure method of contraception are:

• Debilitating pain in the ovaries or uterus
• Headaches
• Irregular bleeding
• Device migration
• Blood clots
• Flu-like symptoms
• Joint pain
• Muscle weakness
• Abdominal pain
• Lupus
• Rashes
• Painful intercourse
• Back pain
• Heavier periods