Florida Lawsuits Over Bayer Essure Injuries
When patients use medical devices, they expect them to be safe—even safer than other types of products. Sadly, medical device designers and manufacturers of these devices sometimes fail to ensure that the products they bring on the market are completely safe.
This is precisely what happened with the Essure birth control implant, as well as similar other devices like the Mirena IUD. At Dolman Law Group and Sibley Dolman, our successful and compassionate attorneys have helped Mirena and Essure patients alike recover damages from the terrible suffering they endured at the hands of manufacturing companies and other parties.
What Is Essure?
Essure is a form of permanent birth control. Companies designed Essure for women who want a long-term birth control option but do not want a tubal ligation. Women often preferred having a coil inserted into their fallopian tubes over a tubal ligation as it didn’t require surgery or time in the hospital. A gynecologist could insert these small coil devices in their office via a minor procedure.
The Essure coil implant consists of polyester fibers, nickel, titanium, platinum, silver-tin and stainless steel. Once the coils were in position within the fallopian tubes, the body naturally started to create scar tissue around them. So much scar tissue would be present after a few months that it effectively blocks the fallopian tubes and prevents sperm from reaching an egg.
The Problem With Essure
For many women, much research and even soul-searching go into selecting a form of long-term birth control that is right for them. Before determining which one to choose, they study the pros and cons, effectiveness, and alternatives. They think about their family planning goals and which forms of birth control will best meet them. Women discuss their options with the physicians they trust, their partners, and even their friends before coming to a decision.
Most women who received the Essure implant didn’t take their decision lightly. Many of them would later come to find out that despite the research that went into their decision, unbeknownst to them, it was a harmful decision.
Unfortunately, sometimes what seems to be a breakthrough device turns out to be a nightmare for the patients who receive it. This is true with the Essure birth control device, which has a negligent design. Its design flaw makes it break apart and cause harm to the patient’s uterus and fallopian tubes. The result is higher rates of chronic lower abdominal or pelvic pain and dysfunctional uterine bleeding. These issues have been so significant that many women and their families hired Essure lawyers to help seek compensation on their behalf.
FDA Orders Research on Essure’s Side Effects
Essure hasn’t been available to new patients for more than two years now. The postmarket study ordered by the U.S. Food and Drug Administration (FDA) in 2016 revealed that after each Essure or tubal ligation procedure, reports showed the incidence of chronic lower abdominal or pelvic pain was 9.1 percent in the Essure group and 4.5 percent in the tubal group.
Researchers found abnormal uterine bleeding among 16.3 percent in the Essure group and 10.2 percent in this study’s tubal ligation group. Essure patients also report organ perforation, which can be extremely serious and even deadly.
Interim data also shows that women in the Essure group ended up with more gynecological surgeries, including surgery to remove the Essure devices, than the group of women who had tubal ligations. Essure and tubal ligations were about as equally effective in preventing pregnancy. The study is still ongoing as the FDA instructed Bayer, Essure’s manufacturer, to lengthen the study from three to five years.
However, this data plus the FDA recall is enough to show that Bayer was negligent in designing this device. Bayer Essure attorneys from our firm are currently representing many women who have damages from using this dangerous medical implant.
Women who still currently have an Essure implant for birth control should discuss its continued use with their physician. Women who are having severe side effects or complications will likely need to have it removed. For some women, having it removed is riskier than leaving it in. It’s best to discuss your individual experience with your doctor and then meet with a skilled Essure lawyer who understands how to handle your claim.
Who Is Liable for Essure Injuries?
Medical devices, like other products on the market, can be defective in:
- Design: When the product’s design is inherently flawed and dangerous, each product produced is flawed
- Manufacturing: When the flaw happens during the manufacturing process, every product manufactured in that batch is likely flawed
- Marketing: When the law requires manufacturers to provide consumer warnings and other information about the product, but manufacturers fail to do so
Your Essure attorney can help you determine if you have a possible Essure claim. It is possible that Bayer knew about the risks associated with their Essure implant and failed to educate patients or doctors about its side effects properly. If so, they were negligent in their duty to patients. You could have the right to compensation.
Did You Suffer Harm after Receiving an Essure Device? Contact an Experienced Essure Lawyer Today for Help
If you suffered injuries from the Essure implants, you aren’t alone. It’s time to meet with a skilled Essure attorney at Dolman Law Group and Sibley Dolman, as many other women have already done to protect their legal rights.
We can investigate whether you should bring a defective drug or product liability claim seeking compensation for the damages you incurred, including medical bills, lost wages, loss of consortium, and pain and suffering. You shouldn’t have to continue to suffer from the pain, and physical damage, and suffering that Essure’s manufacturer caused you.
At Dolman Law Group and Sibley Dolman, we offer our clients our no-recovery, no-fee promise. If we don’t settle or win your claim, you owe us nothing. Schedule a free case consultation with an Essure attorney in our office today by calling 833-552-7274 or contact us online. You have nothing to lose. We offer compassionate and sensitive legal assistance for matters such as these. You can count on us to be by your side every step of the way.