Dallas Essure Lawsuit Attorney
Over 16,000 lawsuits have been filed against Bayer by women looking to secure justice for the severe abdominal pain and damage dealt to them by the company’s birth control device, Essure.
Thankfully on July 20, 2018, Bayer decided to put an end to this madness by stopping the sale of their female contraception product in the United States. Shockingly, the company had already stopped selling the product elsewhere throughout the globe in 2017.
The Dallas Essure lawsuit attorneys of The Benton Law Firm are actively investigating injury claims to provide quality legal services for women that have been negatively affected by the medical device. We will help you secure the monetary relief you need to seek treatment for your injuries.
Contact the drug injury and pharmaceutical liability personal injury attorneys of The Benton Law Firm at (214) 777-7777 to get started with a FREE legal consultation with some of the best Essure lawsuit lawyers today.
What Is Essure?
Essure is a non-surgical, permanent solution to birth control for women. It is a type of hysteroscopic sterilization method that prevents the fertilization of an egg by blocking the egg’s travel through the fallopian tubes.
Essure — a device that resembles a soft, metal spring that is wound with synthetic fibers — is placed into the fallopian tubes to inhibit the egg’s movement. The medical device is made of nickel and stainless steel, while the synthetic fibers help to promote the development of scar tissue within the fallopian tubes to prevent the fertilization process from taking place.
However, this particular device has been found to cause debilitating health issues in those innocent users who placed their trust in the negligent pharmaceutical company that created it.
According to medical professionals, if the side effects were known beforehand, other forms of birth control, like tubal ligation, tubal fulguration, salpingectomies, hysterectomies, and clips, could have been recommended instead.
What Kind of Injuries Does Essure Cause?
According to the Food and Drug Administration (FDA), roughly 26,000 reports have been submitted since 2002 claiming health complications caused by Essure. Since 2013, the majority of these reports were submitted on a voluntary basis by women who have had the devices implanted into their bodies.
From these reports, the FDA was able to determine that Essure causes short-term risks such as:
- Mild to Moderate Pain
- Vaginal Bleeding
- Pelvic or Back Discomfort
These reports also state that much more severe long-term risks are present when using these devices, namely:
- Implant Migration
- Perforation/Tearing of the Uterus or Fallopian Tubes
- Increased Risk of Weight Gain
- Back, Joint, or Muscle Pain
- Muscle Weakness
- Allergic Reactions to the Components That Make Up the Device (e.g. Polyester Fibers, Nickel, Titanium, Stainless Steel, Platinum, and Silver-Tin)
- Unintended Pregnancy, Miscarriage, Fetal Death
Should these implants separate from the fallopian tubes, users of the device may have to undergo multiple surgeries in order to correct the problem. In some instances, this may even mean the complete removal of the uterus. At the same time, these devices can also cause heavier or irregular menstrual cycles.
The FDA believes that these devices are responsible for at least 18 miscarriages. However, a private consulting firm has the number of miscarriages caused by the implantation of Essure to be much higher, at around 300.
Hiring an experienced defective medical device lawyer who has a wide arsenal of legal strategies and resources is crucial to acquiring the justice and compensation you need to get your life back on track.
What Do We Know About the Essure Lawsuits?
While Essure lawsuits are in the initial processes and little information is available, there are notable medical devices which may give us some insight as to how Essure lawsuits may end up.
While it is important to note that these figures represent what is possible to settle on or retrieve in terms of compensation, that doesn’t mean that your case will be valued at that amount.
- IVC Filters – This medical device was designed to prevent blood clots but often ends up migrating and splintering off into little metallic pieces that cause a lot of internal damage to the victim. Essure is similar to this device as it can migrate out of the fallopian tubes and cause heavy internal organ damage. As of 2018, two plaintiffs fought and won over $36 million for their IVC filter injuries.
- Yaz – Yaz was another form of birth control designed by Bayer which was found to be responsible for creating blood clots in its users. This drug posed serious dangers including increased risks of heart attacks, strokes, and gallbladder disease. To rectify this most grievous wrong, Bayer paid out $110 million in damages.
What Kind of Compensation is Available Through an Essure Lawsuit?
For those who have suffered from the ill-effects caused by Bayer’s birth control device and who have also accrued substantial medical debt in their attempt to heal, there is hope for financial recovery.
The Essure lawsuit attorneys of The Benton Law Firm have all of the legal experience and resources you need to secure maximum monetary compensation. We will fight with everything we have to help you secure damages that include but are not limited to:
- Past and future medical expenses related to your injuries.
- Past and future pain and suffering damages that stem from your injuries.
- Lost wages and loss of earning capacity.
- Additional economic damages such as out-of-pocket expenses related to your injuries.
- Punitive damages if applicable.
Wrongful deaths may occur due to allergic reactions or other kinds of complications that could arise from the use of the device. Our Essure lawsuit lawyers are more than capable of helping surviving members of decedent seek out compensation to cover funeral expenses and other wrongful death damages.
The Basics of Product Liability Law
To do this, our team of defective medical device product liability lawyers will analyze your specific case through your personal account, medical reports, any incident reports, insurance reports, and other forms of evidence in order to confirm that your injuries were indeed caused by the use of Essure.
Depending on the circumstances of your specific situation, your claim may fall under one of three product liability categories:
- Defective Design – The consumer’s injury was caused by a defect in the product’s design. In these situations, the entire supply is generally defective as the error occurred in the design.
- Manufacturing Defect – The consumer’s injury was caused by a flaw in the manufacturing process. In manufacturing defect claims, a specific lot or portion of the product may be defective but generally not the entire supply.
- Lack of Adequate Warning or Instructions – The injury was caused due to a lack of adequate warnings or instructions meant to keep the consumer safe. This can also include false marketing for using a product in a way it is not intended or certified to be used.
An experienced product liability attorney can discover which of the three your particular claim falls into so that the proper evidence and data needed to win the case can be accurately acquired. Do keep in mind that statute of limitations will apply to your claim, so the sooner you seek out legal counsel, the better.
The Numbers Behind Essure Injuries
A study conducted by the FDA of 518 women who underwent the implanting of Essure found startling results. Immediately after the initial installment procedure was complete, patients in the study reported experiencing:
- Cramping (29.6 percent)
- Pain (12.9 percent)
- Nausea/Vomiting (10.8 percent)
- Dizziness/Light-Headed (8.8 percent)
- Bleeding/Spotting (6.8 percent)
All in all, the most common side effect stemming from the Essure installment was pain. However, in most cases, these symptoms resided after about a week.
What was truly eye-opening during this study were the persistent side effects that remained with patients that were never resolved, even after the first year. These side effects included:
- Back/Lower Back Pain (9 percent)
- Abdominal Pain (3.8 percent)
- Pain with Sex (3.6 percent)
- Severe Menstrual Cramps (2.9 percent)
- Uncharacterized Pain or Discomfort (2.9 percent)
- Severe Pelvic or Abdominal Pain (2.5 percent)
While these numbers seem low in a study containing around 500 women, keep in mind that installations of these birth control devices weren’t in the hundreds, but in the hundreds of thousands. According to Essure’s website, close to 750,000 women chose to use this method of birth control.
This means that thousands of women could potentially be affected by these serious and painful side effects. This is no small number at all.
If you or someone you love is suffering from injuries sustained by the use of Essure, it’s time to make things right.
Contact the Essure lawsuit lawyers of The Benton Law Firm to get started on your journey to recovery. Call us at (214) 777-7777 for your FREE case evaluation for a potential drug-related injury.