Judge Winifred Y. Smith has preserved the claims of 14 women who were allegedly injured by the Essure permanent contraceptive, allowing them to proceed against Bayer by finding that the claims were not preempted under federal or state law.
Free Confidential Lawsuit Evaluation: If you or a loved one suffered complications from a birth control device, 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?
August 5, 2016 – While the ruling specifically addressed claims in just 11 consolidated cases filed in California State Court, it improves the chances for recovery of thousands of women across the U.S. who claim they were injured by Essure birth control.
Bayer asserted that the plaintiffs are barred from bringing claims due to federal preemption law. The company argued that because Essure is a Class III medical device that was approved by the U.S. Food & Drug Administration (FDA) in 2002, it is protected against lawsuits filed by injured parties.
Judge Smith rejected this claim, determining that the plaintiffs could proceed with causes of action related to Bayer’s alleged failure to warn about the health risks of Essure, and claims that the company breached Essure’s warranties and misrepresented the contraceptive’s safety and efficacy through advertising and promotional materials that were not approved by the FDA.
Smith said that the plaintiffs’ claims that Bayer negligently trained doctors and manufactured Essure improperly were also not barred by preemption, but that plaintiffs must replead those allegations with more specific details on how Bayer’s conduct caused the injuries.
In February 2016, FDA announced that it was requiring Bayer to:
- Conduct a clinical study;
- Implement a patient decision checklist to make sure potential Essure recipients understand the health risks of the contraceptive, and
- Add a ”black box” warning to Essure’s labeling, “designed to call attention to serious or life-threatening risks.”
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 and death cases in all 50 states.
Free Confidential Case Evaluation: Again, if you had side effects from a contraceptive implant, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.