California Essure Ruling Opens Door for Additional Lawsuits
Posted On behalf of Pfeifer Morgan & Stesiak on Aug 16, 2016 in Product Injury
A California state court judge has refused to throw out lawsuits against Bayer, manufacturer of the permanent birth control device Essure that plaintiffs have alleged caused them harm.
Bayer claimed that the plaintiffs were not allowed to sue under federal preemption law because Essure was approved by the Food and Drug Administration (FDA). However, the court rejected that argument, which gives the green light to 11 consolidated lawsuits against Bayer.
According to one plaintiff’s attorney, this ruling sets a precedent that Bayer and similar medical device manufacturers aren’t immune if their products cause harm to patients.
Bayer also responded to the ruling, stating that 900,000 women use Essure today and that it maintains that the product is safe and effective for "the majority of women."
The judge's ruling also opens the door to future lawsuits against Bayer. Approximately 200 Essure lawsuits have already been filed in California while many more have been filed in federal court outside of California.
In the California lawsuits, Bayer faces allegations of negligence, fraud and negligent misrepresentation. Plaintiffs claim that Bayer failed to monitor and test Essure.
Essure is a permanent birth control device that is implanted into a woman’s fallopian tubes. Scar tissue builds around the Essure coil to close the tube, blocking eggs from reaching the uterus or becoming fertilized. Thousands of women claim the device has caused injuries beyond the side effects mentioned in Bayer’s Essure medical literature, such as organ perforation and severe pain.
The FDA approved Essure in 2002, but the organization recommended a black box warning for the product back in February as some were calling for the device to be recalled. Despite this warning, the FDA still believes the benefits of these devices outweigh their risks.
If you have been severely injured by a faulty medical device, you may be entitled to compensation. The South Bend personal injury attorneys at Pfeifer, Morgan & Stesiak will fight to hold manufacturers accountable for their faulty products, working to secure you maximum compensation.