Have you or a loved one had unfortunate problems with your Essure device? You must be wondering if there’s any course of action you can take against the manufacturers. After all the pain and suffering you’ve been through and potential life changing side effects and injuries, surely you’re entitled to some form of compensation? Here’s everything you need to know about whether there’s a lawsuit against Essure and what to do if you’re eligible.
- Is There a Potential Lawsuit Against Essure?
- A Background On Essure
- What Should You Do Next?
Is There a Potential Lawsuit?
Due to a large number of women feeling the adverse side effects from the devices, Bayer, the coil manufacturer, is currently facing 16,800 individual Essure lawsuits. Attorneys predict the number will carry on rising in the next few years.
Victims have been filing individual lawsuits because they say Bayer failed to warn of the harmful side effects. Other main allegations for the filing of lawsuits against the manufacturer are:
- Failing to report and actively concealing adverse effects of Essure.
- Manufacturing Essure for three years without a license.
- Failing to have a complete risk analysis for Essure.
- Failing to train doctors how to use Essure.
The lawsuits are currently still ongoing and no trials have yet been set. This means that there are no settlement figures to present or jury verdicts.
Why Would There Be a Lawsuit? A Background On Essure
Essure was introduced in 2002 and is the only non-surgical permanent birth control option for women between the ages of 21-45. It involves two small metal coils that are designed to be inserted into your fallopian tubes to form a natural barrier that prevents pregnancy.
The coils are made of an inner plastic fiber, stainless steel inner coil and an outer nickel titanium alloy coil. Once they are placed into the fallopian tubes by the doctors, it takes three months for them to start working. Essure patients are advised to use other birth control products in this time to allow for the barrier to be fully formed.
An Essure Confirmation Test is required three months after the procedure. This is standard procedure for the doctors and is put in place for them to check whether the wall has been formed correctly and that you can rely solely on the coils for birth control.
It’s not as useful as it may seem though. Bayer, the manufacturing company of the coils, has seen a rise in lawsuits being filed against them as thousands of women have experienced adverse side effects after having the procedure.
In July 2018, Bayer announced that they will no longer distribute or sell the device after December 31 2018 in the USA. This comes after the US Food and Drug Administration’s (FDA) patient safety action earlier on in the year, by which it ordered that the sales of Essure needed to be restricted.
What Should You Do Next?
If you feel that you have a case for filing a lawsuit against Bayer for problems related to your Essure device, you should follow these steps and hopefully you’ll be that bit closer to winning the compensation that you truly deserve.
Quite simply, you need to check whether your situation is eligible for a lawsuit. One way in which you can do this is check the symptoms you’ve experienced since having the procedure to fit your coils. You can read more about the different side effects and risks that Essure poses here.
Obviously, the more severe the injury you’ve sustained, the more likely it is that your case is going to be eligible for a lawsuit and compensation. But, that’s not to say that short-term side effects aren’t as serious and don’t warrant a pay out.
Once you’ve checked the side effects symptoms, we recommend that you contact an attorney for expert advice on the likelihood of your claim standing up in court. Contact us for a free consultation today and our expert team will assess the situation and inform you whether or not that you have a case.
If you haven’t had your side effects checked over and have only found out about it through research of your claim eligibility, we recommend that you seek out medical assistance before the case is heard. That way, you’ll know the full extent of the injuries which will strengthen the weight of your argument. Not only this, but you’ll be risking getting further complications by ignoring the aches and pains.
The side effects could also be an indicator of potential Essure migration. This is a serious condition that can have a life-changing impact on anybody involved. There are various symptoms to be aware of, so if you spot any any, be sure to seek medical advice immediately.
Gather the Relevant Information
By gathering all the relevant information, you leave yourself in the best position to earn the compensation figure that you truly deserve. As a result, you should keep note of the following:
- How much physical and mental damage you've endured.
- Whether you needed corrective surgery and rehabilitation and if so, how much.
- How much time off work you've needed due to Essure and how much income you've lost as a result.
- How much time off work you may need to take in the future due to Essure and how much income you'll lose.
- How your everyday life will be affected in the future.
Your attorney will look at all this information gathered and calculate how much compensation you could be owed. The more information that you gather, the better chance of success your case will have.
Hire an Attorney
The last thing you want to do is go into an Essure lawsuit without professional representation. Bayer, Essure’s manufacturer, will hire top lawyers who are used to getting big businesses out of sticky situations.
They’ll know every loophole and can be quite intimidating to somebody representing themselves, so it’s better to have an attorney on your side who will advise you what to say and how to act to not land yourself in hot water and put your case in jeopardy.
But, how do you know who the right attorney is and where to find them? Well, there are various ways that you can successfully scope out the right attorney for you:
- What’s their track record?
- Do they have the finances and staff to take you on?
- What’s their fee structure?
- Are the majority of their cases referrals from other lawyers?
Strengthen Your Case with the Best Representation
At Coxwell & Associates, we have been helping Mississippians for over 35 years. During that time, we’ve worked on cases against companies and helped clients win significant compensation amounts. We’re well-versed in personal injury law and we’re dedicated to our clients. We want to help you win the compensation you deserve.
Contact our experts today and one of our team will be sure to look at your case and determine whether or not you’ve got a claim.
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.