In 2013, women began complaining of severe side effects and complications due to Essure. This has led to a rise in lawsuits against Bayer, the company who owns Essure. If you or a loved one has suffered from the side effects of Essure, it’s important you know how much compensation you might be owed and what factors can affect it.
Brief Background Into Essure: Why Are People Filing Lawsuits?
First approved and used in 2002, Essure was a non surgical alternative to tubal ligation. It consists of two small metal coils that, when implanted, prevent the eggs from moving down the fallopian tubes. This prevents fertilization and egg implantation.
Unfortunately, reports began to surface in 2013 that Essure was responsible for a number of undesirable side effects. These issues ranged from migraines, fatigue and hair loss to chronic pain or autoimmune reactions. Some women have even suffered from perforated organs due to the implant breaking or migrating around the body.
This has led to lawsuits being filed against Essure. Bayer, the manufacturers of Essure, had claimed the metal coils device would be a safe, permanent form of birth control but lawyers are arguing that the device was negligently designed. As a result, victims have been suffering severe pain for months or even years after they’ve had the device placed into their fallopian tubes. Even after they’ve had Essure removed, they’ve continued to suffer serious agony that has negatively impacted their daily lives.
In 2017, the sale of the implants was first suspended in all countries except the US. Then, on July 20 2018, it was announced that Bayer had finally decided to pull the product from the US market entirely by the end of the year. The pharmaceutical company stated that it was due to a decline in Essure’s sales and still stands by the implant’s safety and effectiveness.
What’s Happening Now?
As of April 13 2018, Bayer has faced more than 16,800 Essure lawsuits. In court, it is currently being argued that Bayer was aware of the potential dangers but failed to alert their consumers.
It’s also argued that some doctors pressured women into having the procedure (effectively “selling” the product to them) and were not sufficiently trained to insert the device. As a result, lawyers from all over the globe are arguing that they should compensate those negatively affected.
This is combined with several other huge allegations:
- Manufacturing Essure for three years without a license.
- Failing to complete a risk analysis for Essure.
- Failing to keep track of complications.
- Failing to disclose 16,047 complaints of suspected device malfunction to the US Food and Drug Administration (FDA).
- Giving Essure equipment to unqualified physicians to sell.
In addition, Bayer has been cited by the FDA several times for various other violations, including:
- Making Essure implants in an unlicensed factory since at least 2005.
- Using unapproved materials in the Essure device.
How Much Compensation Have Plaintiffs Won So Far in Essure Lawsuits?
Although Bayer tried to get many of the Essure lawsuits dismissed under preemption laws, most of the cases have continued to move forward – often with modified complaints. The trials are currently ongoing and at the time of writing, no dates, jury decisions or settlements have been set. However, Bayer’s 2017 annual report has revealed that the company lost around $413 million in revenue in 2016 due to the lawsuits.
How Much Compensation Could I Be Entitled To?
As none of the current Essure cases have been decided against Bayer, it is hard to determine exactly how much you could be entitled to.
However, this is what you can claim for when filing an Essure lawsuit:
- Compensation for general damages
- Punitive damages – this is a decided fee, designed to punish the defendant.
- Legal fees – your attorney fees and court costs.
- Loss of enjoyment in life, pain and suffering – how your life has been negatively impacted.
- Medical expenses and loss of wages – the costs of any medical expenses (treatments, surgeries, etc) and loss of earnings (if you’ve had to take time off work, lost your job, etc).
- Costs of support – if the injuries have resulted in you needing to have special assistance, then you can claim for these too.
As a result, keep a note of:
- How much damage you’ve endured (this includes physical and mental).
- How much corrective surgery and rehabilitation you needed.
- How much time off work you’ve needed due to Essure and how much income you’ve lost.
- How much time off work you may need to take due to Essure and how much income you’ll lose.
- How your life will be affected in the future.
Your lawyer will take a look at these and calculate how much compensation you could be owed.
Do You Need an Attorney for Your Essure Lawsuit?
When filing a lawsuit against Bayer, you need an attorney who has experience handling personal injury cases against large companies. Multinational companies like Bayer can fund defenses for lawsuits against them and they have legal teams who specialize in defective medical device lawsuits.
At Coxwell & Associates, PLLC, we have been helping Mississippians for over 35 years. During that time, we’ve worked on cases against companies and helped clients win significant compensation amounts. We’re well-versed in personal injury law and we’re dedicated to our clients. We want to help you win the compensation you deserve.
We provide a case consultation. You can contact our office or quickly complete this form. One of our attorneys can look at your case and determine if you have a claim. If you would like more information about Essure and the risks why not check out our guide by clicking on the button below.
Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.