The company Bayer has been under scrutiny recently relating to the permanent birth control device Essure. Essure is a non-surgical, permanent birth control method developed by the company that thousands of women have undertaken. However, reports of serious complications in some women have led to many lawsuits being filed against the company.
A federal judge hearing the cases of several women claiming that the Essure device caused them serious injury dismissed many of the claims against the device. However, the judge did rule that the claims could proceed on failure to warn and negligent misrepresentation.
Five lawsuits pending before U.S. District Judge John R. Padova of the Eastern District of Pennsylvania will be allowed to go forward. The claims that will be allowed are: negligent manufacture, negligent risk management, breach of express warranty, negligent training, and negligent manufacture.
The thousands of women claiming to have been injured by Essure believe this is an important step forward. Previously, many lawsuits were barred from proceeding by preemption. This is a liability protection offered by the FDA to certain manufacturers who have supposedly submitted to the agency’s most rigorous safety and efficacy tests.
A separate 30 cases have been filed in the Circuit Court of St. Louis.
Many of the women who had the Essure device implanted complain of severe and serious side effects. These include organ damage after the device migrated from the fallopian tubes. Four of the women had to undergo hysterectomies to have the device removed.
In February, the FDA recommended a “black box” warning and more safety studies.
If you have suffered from injury or complications due to the Essure device, you may be entitled to compensation. Contact the law offices of John Foy & Associates. Our “Strong Arm” attorneys will work to get you the compensation that you deserve. Contact us today.