Essure Birth Control Device Lawsuit Claims
Long-Term birth control has become easily accessible, feasible, and convenient for women. It first started with temporary birth controls, such as Mirena, Skyla, and Paragard, which lasted anywhere from three to ten years. These non-invasive procedures appealed to millions of women. However, these were only temporary solutions to preventing pregnancy, and some women never wanted to get pregnant. Traditionally, women would have to undergo surgery to get tubal ligation (tubes tied) or a hysterectomy an invasive surgery with a painful recovery to permanently prevent fertilization. These options were mostly for women who had children already, were facing deadly health complications, or were old enough to receive a hysterectomy. Women who did not fall into these categories but did not want to get pregnant or undergo surgery were left out.
In 2002, the birth control device industry answered the call and took a roaring leap, from temporary to a permanent placement, known as Essure Permanent Birth Control Device. Essure was FDA approved and purchased by Bayer Healthcare Pharmaceuticals in 2002. Essure does not require any incision or general anesthesia in order to achieve the same goal as tubal ligation. This non-invasive alternative only takes10 minutes, and can be inserted in a physician’s office. There is a “nearly 100 percent” pregnancy prevention rate with Essure Permanent Birth Control System.
Essure attracted over half a million American women with their convenience, feasibility, and accessibility. Essure is made up of two metal coils placed in the fallopian tubes, causing scare tissue to grow around the coils preventing fertilization. It takes about three months for the tissue to grow around the metal coils. The FDA listed the short-term risks as mild to moderate pain, vaginal bleeding, cramping, and back discomfort. The long-term risks are still being discovered.
The once “nearly perfect” birth control is causing numerous health problems for thousands of women. Essure has been reported to cause autoimmune disease, severe pelvic and abdomen pain, headaches, skin rashes, and even perforation of organs, causing one to undergo surgery due to the migrating and breaking of the metal coils. One woman described it as an “intense stabbing pain” that feels as if you are slowly dying. Another women suffered from a perforated uterus due to the migration of the coils. The most extreme cases have resulted in death to women because of the nickel located in the metal coils. These metal coils can cause Nickel allergies resulting in lupus, a scleroderma reaction, and other diseases associated with hard metal in the body. Even more, Essure is not preventing pregnancy but increasing fetus deaths.
In 2015, there were 120 hysterectomy’s being performed each month to remove Essure. Essure has caused life-altering injuries to these women both physical and psychological. Some women reported having their marriages suffer because of the problems from Essure. Many women claim that Bayer did not warn them about the side effects of Essure’s Permanent Birth Control System. The FDA alone has received over 5,000 complaints since 2002. Essure was approved through the FDA Pre-Market Approval program, which shields the company from product liability. More importantly it does not require any independent testing. Thus, limiting the remedies available to these women until recently. The FDA’s 2015 investigation found that Bayer had fraudulently withheld information. Bayer received 16,000 complaints regarding organ perforation but did not report to the FDA. The FDA finally issued the “black box” warning on the product alerting women of the problems associated with this device.
There is a new movement now to get Essure off the market to ensure that other women are not hurt. Last month the House of Representatives passed a bill known as the Ariel Grace’s law, in an attempt to hold Bayer liable for the injuries of death of women using Essure. There are several lawsuits pending in court and being filed each day. Someone has to pay for the pain and suffering these women have had to endure. Easier does not always mean better.
If you or a family member has the Essure device please contact our office today to discuss your legal rights.