ST. LOUIS — A Missouri federal judge recently ruled against Bayer Corp.’s motion to dismiss its Essure lawsuit and ruled in favor of dozens of women who allege serious and permanent injuries from the controversial birth control device.
U.S. District Judge Henry E. Autrey reportedly remanded a joint lawsuit filed by 32 plaintiffs from the Eastern District of Missouri back to St. Louis Circuit Court on Dec. 2, denying Bayer’s argument that the complaints were improperly joined and involved questions of federal law.
The ruling was first reported by Harris Martin in early December.
A reported 32 plaintiffs originally filed the instant action in the St. Louis Circuit Court, alleging they suffered injuries as a result of being implanted with Bayer’s Essure permanent birth control system. Claims of negligence, failure to warn, defective manufacturing, fraud, breach of express and implied warranties and violations of consumer protection laws are among a handful of the asserted claims, according to Harris Martin.
“As other courts in the Eastern District of Missouri have found on the same issues, this court finds that Defendants have failed to establish fraudulent joinder in this case,” Autrey reportedly concluded. “Courts in this district have determined that the joinder of plaintiffs alleging injury from a single product is not ‘egregious’ because common issues of law and fact connect the plaintiffs’ claims.”
Bayer Corp. has edited the label of Essure to include a boxed warning that outlines the risks associated with the use of the device. Based on the FDA’s revision requirements, the change must also include a patient decision checklist, which will provide key information about the device, its use and safety and effectiveness outcomes that the patient should be made aware of.
The federal agency’s revision requirements are meant to make sure that a woman is able to receive and understand all of the information regarding the benefits and risks associated with this type of device before undergoing implantation.
There have been numerous state and federal lawsuits in which plaintiffs claim that after being implanted with Essure they suffered from severe abdominal, back and menstrual pain as well as migraines, boils, rashes, autoimmune disorders, complex ovarian cycles, dysfunctional uterine bleeding, ectopic pregnancy, unexpected pregnancy and blood clotting.
Our Essure Birth Control Lawyers Can Help You
Our Essure birth control attorneys can help if you or someone you care about was harmed by an Essure birth control device. Lawsuits have been filed against the device makers by both patients and their families seeking compensation for injuries caused. You may be entitled to a settlement.
We do not charge any legal fees unless you receive a settlement and we pay all of the case costs. If your claim is not successful for any reason, you do not owe us anything. We put it all in writing for you. Our lawyers will help you file your lawsuit.
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
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- No legal fees whatsoever unless you receive a settlement
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Start Your Essure Birth Control Claim
Our Essure birth control device lawyers will help you file your lawsuit. To get started, you can:
- Submit the Free Case Review Box on this page, or
- 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 birth control lawsuit claims.
Essure Birth Control Side Effects, Recall Information & Settlements
- Learn more about Essure birth control side effects.
- Get information on Essure birth control recalls.
- Find an Essure birth control lawyer here.