The statements below are Merchant Law Group’s account of this case. They reflect allegations or the firm’s position and have not been determined by a court unless a settlement or judgment is noted.
About This Case
While the ESSURE implant was marketed as a safe and permanent form of birth control, the lawsuits allege that ESSURE increased the risk of severe chronic pain, discomfort, bleeding, pain during sex, cramping, swelling, bloating, irregular menstrual cycles, migration of the implants, and on balance, was unfit for its intended use. It is alleged that Bayer failed to conduct adequate pre- and post-market testing, and of greatest concern, to adequately warn the Class of the significant risk of adverse effects, or to promptly remove Essure from the market, as these significant adverse risks became known.
For example, in 2016, after becoming aware of a new research study that raised safety concerns about ESSURE, Health Canada conducted its own safety review and “recommended increased monitoring of the safety of the Essure” while also requiring that “the manufacturer to issue a risk communication to help clarify information about the device and associated safety concerns.” However, these were not newly discovered issues. As the United States Food and Drug Administration reports, adverse event reports were being received as early as 2002:
From 2002 through 2021, the most reported patient problems were pain/abdominal pain (38,995), heavier menses/hemorrhage/menstrual irregularities (17,542), foreign body/device fragment in patient (10,151), perforation (9,295), headache (8,705), fatigue (7,206), weight fluctuations (6,087), depression/anxiety (5,749), hypersensitivity/rash (5,368), and hair loss (5,099). Most of the reports received listed multiple patient problems in each report. The most frequent device problems reported were patient-device incompatibility/biocompatibility (for example, possible nickel allergy or patient’s anatomy related to failure) (8,625), migration of the device or device component (5,598), device breakage/material fragmentation/fracture (2,935), dislodged or dislocated device (2,814), device operating differently than expected, for example, implant failure or pregnancy (1,137), malposition of the device (415), device difficult to remove (348), and device difficult to insert (339). Multiple device problems can also be listed in each report.
In 2017, Bayer announced that it would voluntarily withdraw ESSURE from the Canadian market. On December 31, 2018, Bayer stopped selling the ESSURE birth control product in the United States, although the FDA has mandated extensive follow-up studies to monitor those who already have ESSURE implants.
Source: Merchant Law Group
Who May Be Eligible
If you have had Essure implants (with or without complications), please contact one of our personal injury lawyers with any questions, by emailing essureinfo@merchantlaw.com
Source: Merchant Law Group
How to Register
IF YOU WISH TO JOIN THE CONTACT LIST FOR THIS CLASS ACTION OR TO SIMPLY GET MORE INFORMATION, PLEASE COMPLETE THE BELOW FORM [ OR EMAIL OUR LAW FIRM AT essureinfo@merchantlaw.com ].
Source: Merchant Law Group
Frequently Asked Questions
How does a class action lawsuit work?
A class action gathers a large group of plaintiffs together to resolve their complaints in a single court case. It is the appropriate type of court case when many people have been hurt and when it’s not necessarily practical for every single one of them to bring an individual personal injury case to court. You pay no legal fees unless these class action lawsuits are successful. Our law firm take all the risk of paying the expenses and costs of prosecuting these class actions. [Our lawyers will only be paid a contingency percentage from the ESSURE settlement (upon approval from the Canadian Courts) IF this class action reaches a successful conclusion and provides individual compensation options to Canadian victims of the ESSURE implant.]
Why our lawyers are pursuing Bayer for personal injury compensation regarding ESSURE
Merchant Law Group LLP and our representative plaintiffs have been leading the way in Canada in terms of pursuing compensation for victims and one of our class actions regarding ESSURE has already been certified by a Quebec Judge.
Source: Merchant Law Group
Disclaimer: This information is sourced from Merchant Law Group. It is provided for general information only and does not constitute legal advice. Always verify details with the original source before taking any action.
Legal disclaimer: Information on this page is general in nature and does not constitute legal advice. ClaimBar tracks class action settlements and provides updates. Always seek professional legal advice for your specific circumstances.
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