FREE Case Review (866) 588-0600

California Essure Lawsuit Remanded to State Court

California judge remands to state court a lawsuit alleging injuries from Essure contraceptive.

A California judge has remanded to state court a lawsuit alleging injuries from Bayer’s Essure permanent birth control device, in a small victory to plaintiffs in the ongoing litigation.

Free Confidential Lawsuit Evaluation: If you or a loved one had problems after undergoing an Essure procedure, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against the manufacturer and our lawyers can help.

What’s the problem?

November 22, 2016 – Judge Michael Fitzgerald last week granted a motion by plaintiffs in Jacqueline Alexander et al. v. Bayer Corp. et al. to remand the case to Superior Court in Los Angeles County.

Bayer filed a motion in mid-October to have the lawsuit removed from state to federal court. However, after Fitzgerald’s ruling, it will join at least 55 other similar complaints that have been coordinated for pretrial handling.

“There’s an economy of working on those cases at the same time in the same way,” Fitzpatrick said. “It allows some control by the plaintiffs over the speed at which things are done.”

Essure is a permanent sterilization device which consists of small coils that are inserted into the fallopian tubes during a transcervical procedure. The implant works by promoting the growth of scar tissue in and around the coils, thereby preventing pregnancy.

Bayer markets Essure as a safe and effective form of permanent birth control without surgery. However, since it was approved by the U.S. Food & Drug Administration (FDA) in 2002, the contraceptive has been linked to more than 4,000 adverse event reports.

Complications of Essure include:

  • Hysterectomy
  • Migration of device outside of fallopian tubes
  • Pain
  • Bleeding
  • Allergic reactions
  • Fracturing of the device
  • Perforation of Fallopian tubes
  • Miscarriage
  • Ectopic pregnancy
  • Unwanted pregnancy
  • Death

These problems have led to a slew of lawsuits against Bayer. In California alone, at least 1,000 plaintiffs are being represented in Essure lawsuits against Bayer, according to Fitzpatrick.

Last week, FDA updated its labeling requirements for Essure, mandating the device to carry a boxed warning and patient decision checklist. The labeling will warn about adverse events associated with Essure, including perforation of the uterus and/or Fallopian tubes, identification of inserts in the abdominal or pelvic cavity, persistent pain, and suspected allergic or hypersensitivity reactions.

Do I Have an Essure Lawsuit?

The Medical Device Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Essure lawsuits. We are handling individual litigation nationwide and currently accepting new injury cases in all 50 states.

Free Case Evaluation: Again, if you suffered complications after receiving Essure birth control, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.

Free Confidential Case Evaluation

Verified 100% Secure SiteTo contact us for a free review of your potential case, please fill out the form below or call us toll free 24 hrs/day by dialing: (866) 588-0600.
Awards & recognition