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Missouri Essure Lawsuits Proceed After Judge Denies Bayer’s Motion to Dismiss

Missouri judge denies bid to dismiss lawsuit filed by 32 women alleging complications from Essure birth control.

A federal judge in Missouri has denied Bayer’s motion to dismiss a state court lawsuit filed by 32 women who claim they were injured by the Essure permanent birth control device.

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

What’s the Problem?

December 21, 2016 – In March, the 32 plaintiffs filed a joint Essure lawsuit in St. Louis Circuit Court. Bayer countered by removing the suit to the Eastern District of Missouri, claiming that there were questions of diversity and federal issues raised in the complaint.

U.S. District Judge Henry E. Autry ruled that the federal questions raised “are not substantial” and remanded the lawsuit back to the state court where it was originally filed. Plaintiffs allege that Essure is defective and Bayer hid risks associated with the contraceptive.

This is the third time in as many months that a federal judge has allowed Essure birth control lawsuits to proceed in a state court. The complaints allege that Essure can migrate from the area where it was implanted and can cause miscarriages, unintended pregnancies, abdominal and pelvic pain, heavy bleeding, and other severe health complications.

Essure is a permanent contraceptive that was approved by the U.S. Food and Drug Administration (FDA) in 2002. The device’s flexible coils are inserted into the fallopian tubes, and over a 3-month period scar tissue forms around the coils and blocks the fallopian tubes to prevent sperm from reaching the egg.

Essure was originally developed by Conceptus Inc., which Bayer acquired in 2013. Bayer argues that it is shielded from product liability lawsuits because Essure underwent the FDA’s rigorous premarket approval process.

Judges seem to disagree, seeing that as in addition to the Missouri complaint, at least 2 other Essure lawsuits are moving forward in state courts. In September, an Alameda County Superior Court judge in California consolidated 55 Essure cases filed on behalf of 900 women, and last month an Illinois federal judge remanded an Essure lawsuit back to the Madison County (Illinois) Circuit Court it was originally filed in.

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 complications lawsuits. We are handling individual litigation nationwide and currently accepting new injury cases in all 50 states.

Free Drug Lawsuit Evaluation: Again, if you had problems with the Essure procedure, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.

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