A new Essure lawsuit has been filed in Alleghany County Common Pleas Court on behalf of 62 plaintiffs against Essure maker Conceptus and Bayer. The lawsuit, much like the thousands of other lawsuits that have been filed over Essure side-effects, comes just months after 10 other plaintiffs filed a similar lawsuit against the manufacturers. That lawsuit was removed to U.S. District Court for the Western District of Pennsylvania.
These lawsuits allege that Conceptus, which was purchased by Bayer in 2013, was negligent, and failed to inform the medical community of the dangers associated with the permanent birth control device. They also accuse the makers of misrepresentation and fraudulent concealment, and of violating the Pennsylvania Consumer Protection Law.
These cases contain strong accusations, including that Conceptus attempted to defraud physicians by making false claims and hiding material facts regarding the safety of Essure. They say the company marketed the device as safer and more effective than having your tubes tied when that is not necessarily the case. However, the complaints also allege that Bayer and Conceptus were involved in an ongoing scheme that required the complicity and knowledge of persons working at the highest levels within the companies, including directors and corporate officers.
The lawsuits claim that of the more than 16,581 Essure complaints received between January 2008 and December 2010, only 182 were reported to the FDA. Between January 2011 and May 2013, the device maker received 16,047 more complaints, but only reported 335 of them.
Essure Sales Restrictions
The FDA now restricts sales of Essure permanent birth control to only facilities that agree to review a 22-page booklet with their patients and have patients sign a three-page consent and acknowledgment form. This requirement was mandated to ensure women are aware of the increased risks of serious and severe Essure side effects and complications.
Women and girls across the country are filing lawsuits seeking justice and compensation from Bayer over Essure complications. If you or a woman you love has suffered device migration, organ perforation, device breakage, or had to undergo surgery to find and remove the device, call one of our Essure injury attorneys today. You may be entitled to significant compensation for your injuries.