California Superior Court Judge Winifred Y. Smith has consolidated dozens of lawsuits filed by more than 900 women alleging complications from the Essure permanent contraceptive in Alameda County Superior Court.
Free Confidential Lawsuit Evaluation: If you or a loved one suffered complications after receiving the Essure contraceptive, 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?
October 8, 2016 – Centralizing the lawsuits as part of a Judicial Council Coordinated Proceedings (JCCP) will streamline the litigation and potentially bring a faster resolution to the complaints.
In August, Judge Smith ruled that Essure lawsuits were not preempted under federal or state law, marking a major victory for plaintiffs who have been challenging Bayer’s objection of immunity. The plaintiffs’ allegations of causation in their failure to warn claims were sufficient for pleading purposes, Smith said.
A large number of the complaints involve women who are not from California. The JCCP will test a recent California Supreme Court decision allowing out-of-state residents to bring suits against drugmakers. All of the complaints accuse Bayer of failing to adequately warn the public and medical community that Essure could cause adverse health complications including pain, menstrual bleeding, unintended pregnancy, migration of the device and severe allergic reactions.
In February, the U.S. Food & Drug Administration (FDA) announced that it would require a ‘black box’ warning (PDF) and new-postmarketing research for the Essure birth control device. FDA also required Bayer to design and conduct a large observational study enrolling at least 2,000 women over a period of 3 years, comparing Essure recipients and patients who underwent tubal ligation (‘tubes tied’ surgery) to identify the risks associated with both procedures.
Representative Mike Fitzpatrick (R-PA) last November introduced a bill to congress that would force the FDA to take Essure off the market completely. Fitzpatrick introduced the so-called ”E-Free Act” after more than 5,000 women and doctors made complaints about the contraceptive.
The California lawsuits are: Essure Product Cases and Coordinated Actions, Judicial Council Coordination Proceeding No. 4887.
Do I Have an Essure Lawsuit?
The Class Action 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 Case Evaluation: Again, if you suffered problems from Essure, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.