Developed by Bayer Healthcare and approved by the U.S. Food and Drug Administration in 2002, Essure is a non-surgical birth control device that is inserted into a patients Fallopian tubes.

EssureHowever, the device is has been found to contain polyethylene terephthalate fibers, a plastic that is not meant for internal human use. This has led to controversy as the device has become known for organ perforation and organ migration that can necessitate a hysterectomy among other complications.

These dangerous complications can include:

  • Unwanted pregnancy
  • Bleeding
  • Hysterectomy
  • Perforation of fallopian tubes
  • Miscarriage
  • Ectopic pregnancy
  • Pain
  • Migration of device outside of fallopian tubes

Have Essure Settlements Been Awarded Yet?

As of May 2016, Bayer had yet to issue any settlement offers to named plaintiffs in lawsuits filed against them nor has a court decided in favor of plaintiffs.

In March 2016, U.S. District Judge John R. Padova of Philadelphia made a landmark decision in which he allowed two of the pending lawsuits against Bayer to proceed.

This decision defeated Bayers attempts to have all cases against it dismissed over Essures status as a premarket approved device.

Judge Padova stated that Bayer failed to adequately warn consumers about Essure’s extensive health risks and actively misled consumers through product advertisement.

With cases now free to proceed, settlement offers will hinge on the results of the first cases that make it to trial.

However, it is important to note that because a multidistrict litigation has not been created, it is possible that lawsuits filed in other courts could be subjected to a different judges interpretation of Essures status as a premarket approved device.

While it is unknown how large a potential Essure settlement would be, pursued settlements will attempt to cover:

  1. Costs of lawsuit incurred
  2. Compensatory and general damages
  3. Punitive damages
  4. Special and incidental damages, including medical expenses and lost wages
  5. Loss of enjoyment of life, pain and suffering, and disability

Will I Be Able To Receive An Essure Settlement?

If your situation is deemed valid to file a lawsuit and the relevant judge interprets the immunity aspect of Essure being a premarket approved device as void, you may be eligible to win a settlement.

Lawsuits that have been deemed eligible to continue with their lawsuit against Bayer have cited the following injuries most often:

  • bayerUnwanted pregnancy
  • Bleeding
  • Hysterectomy
  • Perforation of fallopian tubes
  • Miscarriage
  • Ectopic pregnancy
  • Pain
  • Migration of device outside of fallopian tubes

To determine if your situation qualifies as a viable lawsuit, an expert legal and medical team must undergo a thorough medical record examination to conclusively determine that your injuries were caused by Essure.

In addition to meeting criteria set for medical records, you must begin pursuing the legal process with enough time being present before state-enforced deadlines pass.

These state deadlines, if missed, will void your ability to file a lawsuit and pursue any legal action against Bayer for their defective device, Essure.

All relevant state dangerous device deadlines can be found here. It is vital that your representation is aware and experienced in working around these deadlines if you aim to have a strong chance at winning a settlement.

Are You Eligible To File an Essure Birth Control Lawsuit?

If you are experiencing pain or have suffered serious injury due to the Essure birth control implant, you may be eligible to file a lawsuit for your complications. Our legal team will review your medical records to determine if you have a case.

Our No-Fee Promise on Essure Birth Control Cases

You can afford to have our great team of lawyers on your side. When you choose us, it literally costs nothing to get started. We promise you in writing:

  • No money to get started
  • We pay all case costs and expenses
  • No legal fees whatsoever unless you receive a settlement
  • Phone calls are always free.

Start Your Essure Birth Control Claim

Our Essure birth control lawyers will help you file your lawsuit. To get started, you can:

  1. Submit the Free Case Review Box on this page, or
  2. Call (866) 280-4722 any time of day to tell us about your case.

We will listen to your story and answer your questions. If you have claim, we will start immediately.

WARNING: There are strict time deadlines for filing Essure lawsuit claims.

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