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Federal Judge Allows Suit Against Bayer’s Essure Contraceptive Device to Proceed

Posted by Sarah Showard | Apr 13, 2016 | 0 Comments

Federal Judge Allows Suit Against Bayer’s Essure Contraceptive Device to Proceed

A federal judge in Philadelphia says that a lawsuit filed against Bayer for its Essure permanent contraceptive device can proceed, despite dismissing all but two claims filed by five women who allege they were harmed by the device.

U.S. District Judge John R. Padova said that the women's claims that Bayer used misleading advertising and failed to warn consumers about the risks of using Essure were reasonable. He dismissed 10 claims, while giving the plaintiffs the option to amend their complaint to restore five of the claims.

Essure was introduced in 2002 as an alternative to tubal ligation. The device is a small metal coil made of nickel and plastic fibers. Essure is inserted into each fallopian tube, resulting in inflammation and scarring that seals the tube, permanently preventing pregnancy.

In February 2016, the FDA ordered Bayer to add a “black box warning” to its Essure labels and include a patient information checklist highlighting the potential adverse events that could occur following implantation of the device, including persistent pain, perforation of the fallopian tubes or uterus, hypersensitivity reaction and device migration.

According to a FDA study, complaints about adverse events stemming from the use of Essure have quadrupled since late 2013. From 2002 until October 2013, the agency received 943 incident reports. Between October 2013 and May 2015, the FDA received 4,150 incident reports.

Pennsylvania Congressman Mike Fitzpatrick has introduced legislation called the “E-Free Act” that would require the FDA to revoke its approval of Essure.

The five Essure lawsuits have been consolidated in Philadelphia federal court and are among the first of hundreds of similar cases to proceed to the discovery phase of litigation. The first suit was filed in 2014 by a Florida woman who claims the Essure device migrated to her uterus, requiring a hysterectomy.

Showard Law Firm is Tucson's local law firm for defective drug and medical device claims. If you believe you or a loved one have been harmed by a medication or device, contact us for a free consultation.

About the Author

Sarah Showard

Sarah Showard graduated from the University of Maryland in 1985, Magna Cum Laude with a Bachelor of Arts in English-Linguistics and a Certification in Women's Studies. She then graduated from New York University School of Law in 1988. Sarah began practice initially as an insurance defense attorney, and has been representing plaintiffs since 1990. Sarah has a son, Benjamin, who recently graduated from The Gregory School and will attend ASU in the fall, with future plans to attend law school and eventually join Showard Law Firm. In her spare time Sarah enjoys horseback riding and spending time in Sonoita with her husband Peter.

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Showard Law Firm is dedicated to compassionate representation for our clients who have been injured by defective products, dangerous drugs or the negligence of any individual or company. We are experienced in litigation and ready to ensure you receive the maximum possible settlement for your injuries, medical bills, mental anguish and other losses.

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2016 marked the 10th anniversary of Showard Law Firm. After 18 years of practice, and a prior ten-year partnership, Sarah Showard and her longtime assistant, Maria De La Rosa, opened the doors of Showard Law Firm in October 2006. Sarah and everyone at Showard Law Firm is proud to serve Southern Arizona as the local law firm for defective drug and medical device claims and personal injury.