Fourteen years after hitting the market, women who have been irreparably harmed by this controversial contraceptive device are filing Essure lawsuits. There is also a nationwide movement to get the device banned and to warn the public about its complications.
Recent court rulings may pave the way for women who believe Essure has caused them harm.
On August 2, 2016, a California judge’s ruling allowed 11 Essure birth control lawsuits to proceed against Bayer despite the drug giant’s attempts to dismiss the cases. Alameda County Judge Winifred Smith’s ruling is considered a victory for Plaintiffs because federal preemption laws have proven problematic for Essure lawsuits in other states.
Also, five Essure lawsuits, initially filed in 2014, are currently pending in the Eastern District of Pennsylvania before U.S. District Judge John R. Padova. As of April 4, 2016, the suits include claims of:
- Failure to warn
- Negligent misrepresentation
Essure and Preemption
Essure underwent the Food and Drug Administration’s (FDA) Premarket Approval (PMA) process which includes scientific and regulatory review to evaluate the safety and effectiveness of Class III medical devices. According to the FDA, Class III devices are those that support or sustain human life, are of substantial importance in preventing impairment of human health, or which present a potential, unreasonable risk of illness or injury. Essure’s manufacturer, Bayer, claims it is protected from product liability claims by the doctrine of federal preemption.
While filing an Essure lawsuit may be an uphill battle, the tide may be turning. If Courts begin to rule in favor of Plaintiffs, Bayer’s legal protection could be revoked.
We know how to fight Big Pharma and win.
If you are among the thousands of women who have been seriously injured by an Essure birth control device, the McDonald Law Firm wants to hear from you. Our firm has taken on some of the world’s largest drug and medical device manufacturers. We’ve successfully represented thousands of clients who have suffered due to defective medical devices and dangerous drugs, including hip implants, transvaginal mesh, silicone gel breast implants, Fen/phen, Baycol and Vioxx.