Federal Court: Essure Lawsuit Can Proceed

A Federal Court has greenlighted our clients’ cases against Bayer to proceed to discovery for injuries which followed their use of the permanent birth control device Essure. Other individuals who have experienced chronic pelvic pain, hysterectomies and other serious injuries which they suspect were caused by Bayer’s device should call (215) 545-8800 for a free legal consultation by an attorney at McEldrew Young.

History of the Philadelphia Essure Lawsuit

Almost two years ago, lawyers at our firm filed the first lawsuit against Bayer on behalf of a client for medical issues suffered following implantation of Bayer’s Essure permanent birth control device. We filed in federal court here in Philadelphia along with co-counsel Koch, Parafinczuk & Wolf. Since we filed that lawsuit, we have also filed complaints on behalf of several other women. These lawsuits have been consolidated with the first for the purpose of judicial economy. Additional lawsuits on behalf of other women have been filed (by other attorneys) in other states, including Connecticut and Missouri.

This week, we received a favorable decision on Bayer’s motion to dismiss the complaint. The Court allowed the claims against the company for negligent misrepresentation and failure to warn to proceed to discovery. Although there are now other lawsuits, we believe this puts our clients’ lawsuit first on the path into discovery.

Regulatory and Legislative Action

The lawsuits filed by law firms are not the only action that has been taken concerning Essure.

At the end of February 2016, the U.S. Food and Drug Administration ordered a special “black box” warning on the Essure device based on concerns over serious complications. It also ordered the company to conduct a new clinical study to gather additional data about the health risks.

Last year, U.S. Representative Mike Fitzpatrick also proposed that the House of Representatives adopt the E-Free Act to revoke the FDA approval of Essure. In a statement, Fitzpatrick identified the tens of thousands of injured women and hundreds of fetal deaths as enough reason to warrant the removal of Essure from the market without another study.

What is Essure?

Essure is a medical device used for permanent birth control sterilization that does not involve incisions or general anesthesia. The device consists of a pair of metal coils which are implanted in the fallopian tubes. The FDA application describes how scar tissue is supposed to build up around the device and prevent pregnancy. The FDA approved it for use in the United States in 2002. The device was developed by Conceptus Inc., which is now owned by Bayer AG.

Side effects reported by women after Essure include chronic pelvic pain, hysterectomies, colon perforations, unexpected pregnancies, depression, and weight gain.

About McEldrew Young

Our attorneys have represented clients in litigation against some of the largest pharmaceutical companies in the world. Jim McEldrew, who served a term as President of the Philadelphia Trial Lawyers Association, is head of our personal injury practice. Jim has thirty years of experience as a litigator practicing in the areas of personal injury and medical malpractice.. Eric Young leads our whistleblower practice, representing individuals reporting health care fraud by pharmaceutical and medical device manufacturers, among others.

For additional information about the Essure lawsuit or for a free legal consultation concerning side effects suspected to result from Essure, please call 1-800-590-4116.

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