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Essure Contraceptive Injury Claims Persist After $1.6B Settlement

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    Bayer, a German pharmaceutical company, has agreed to pay $1.6 billion to settle lawsuits claiming that its Essure contraceptive implant caused serious injuries. According to Bayer, the settlement covers 90 percent of an estimated 39,000 U.S. claims by users alleging injury from the nonsurgical birth control implant. The company is continuing talks with counsel for the remaining claimants. Neither the settlement nor the negotiations foreclose the rights of other affected users to come forward with claims.

    According to thousands of women, the Essure device causes excessive bleeding and pelvic pain and in some cases may have failed to prevent pregnancy. Users also allege the device is capable of piercing the salpinges (fallopian tubes) and can become dislodged to end up in other areas of the body. They further claim that Bayer neglected to provide sufficient warning of the product’s associated risks and failed to report thousands of complaints in order to protect sales.

    In 2016, the U.S. Food and Drug Administration (FDA) ordered Bayer to add a safety warning to Essure after thousands of reports of complications resulting from its use. When Essure sales fell in the two years that followed, Bayer halted sales, claiming its decision was motivated by business reasons and not safety concerns. Essure ultimately was recalled by the FDA in September 2019.

    Bayer maintains that the $1.6 billion settlement is not an admission of wrongdoing or liability, saying “the company continues to stand by the science supporting the safety and efficacy of Essure.”

    When companies sell harmful products without alerting users about the possible risks, they should be held responsible for the injuries that arise from their negligence. If you have used Essure for birth control, talk to your doctor immediately about its possible impact on your health. Your next step should be to consult with a product liability attorney to determine whether you have a valid claim for legal damages.

    At Kaufman & McPherson, PLLC, our experienced lawyers are ready to help. We can analyze your unique circumstances and examine your medical records to determine whether you may have a case against Bayer. If so, our legal team can help you document your Essure-related damages and build your case in order to help you receive the compensation you need to recover and move forward with your life. To speak to one of our lawyers about your potential Essure claim, call our Bridgeport office at 304-842-4300 or contact us online.

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    About the Editor

    Picture of Kevin Kaufman
    Kevin Kaufman

    A 1977 Bridgeport High School graduate, received multiple scholarships including a National Merit Scholarship. He went on to earn a BS in Business Administration, an MBA, and a law degree from West Virginia University.

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