Since last year’s $413 million dollar payout, has Bayer been held accountable for more damages that resulted from Essure devices? What are the latest figures on Essure compensation? The answer is not yet and none so far. Bayer reported record earnings last year in 2016 - $4.8 billion net income compared to $4.3 billion in 2015.
For Bayer, as they continue to make profits, it’s cheaper and easier to continue to pay out compensation than recall their devices. The only silver lining is that some experts predict that with continued payouts, the negative publicity will drive the device from the market only because it will eventually become unmarketable, not because it’s unsafe. Therefore, it’s important that litigation continues to fight Essure and drive it from the market, potentially saving hundreds if not thousands of lives.
The Laws Surrounding Essure
Essure lawsuits have been slow moving since the cogs behind the wheel are complex. In the first place, Essure would never have had an FDA black box warning if it wasn’t for the diligent people on the Essure Facebook support group.
It is the sufferers - not Bayer nor the hospitals nor the doctors - who have reported these horrific side effects and brought them to public attention. If it wasn’t for skilled lawyers too, small headways wouldn’t have been made in pushing the Ariel Grace Law, or even the latest Medical Device Guardians Act of 2016, which encourages doctors to report negative side effects experienced by their patients, but doesn’t hold them liable when they “self-report” issues.
Big Pharma, Hospitals, and Doctors. What is their role in the Essure controversy?
Hospitals have actively told doctors to keep their heads down and not report Essure issues in order to protect themselves and their profits. In an open letter to fellow doctors, Dr. Julio Novoa, an El Paso, Texas based OBGYN, is an outspoken critic of Bayer pushing Essure onto uninformed doctors.
He notes that Big Pharma reps misrepresented the devices to busy doctors who didn’t have time to research the issues properly; these reps presented only the “positives” of the device, even though trials were falsified, and research was faulty and not thorough. He notes that pharma reps were told to sell or be fired, and, therefore, pushed only the monetary gains.
Doctors - with dollar signs in their eyes - realised that, by performing the Essure procedure in their offices, they could earn $100 per minute (not a typo) versus the $100 per hour they earned from performing a more tested, safer tubal ligation. Essure was marketed as non-invasive too when it was really a surgical procedure, and many doctors had not been properly trained on the procedure nor did they know the true side effects of it.
Dr. Novoa calls for doctors to be more informed about what they are peddling to their patients, and to be more accountable.
Why is it important for me to report my Essure side effects to an experienced attorney?
Reporting your symptoms will not only garner more negative publicity for the device, but you may also be eligible for compensation. Bayer and its expert legal team are a force to be reckoned with and you’ll want an experienced legal team by your side; furthermore, Bayer finds it easier to pay out and sweep issues under the rug, but as more women come forward, they’ll be unable to pay off women to keep quiet.
How Coxwell & Associates, PLLC can help you.
We have an experienced legal team that has been winning personal injury cases for over 35 years. Contact us today to discuss your case with us.
We have also put together an Essure Guide to keep you informed of all the latest litigation, research, side effects, and more surrounding Essure. Download your FREE copy now.
Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.