Bloomberg recently published an article about the sharp increase in the number of Essure lawsuits following the U.S. Food and Drug Administration (FDA) required Bayer, the manufacturer and distributor of this permanent contraceptive device to put out additional warnings about the potential dangers and side effects of its product.
Despite the fact that an estimated 27,000 women have filed lawsuits against the German drugmaker citing organ damage, intense pain, bleeding, and more, Bayer spokespeople continue to deny the dangers of the product. Bayer even announced that they will no longer sell this product staring at the beginning of 2019, but continues to deny that there is an issue with the product. At least part of the decision to pull this product could be tied to declining sales, a possible consequence of the number of lawsuits over the past two years.
“That’s what happens when you have a bad product, people quit using it,’’ Amanda Rusmisell, one of the thousands of women who filed a lawsuit against Bayer, said in an interview with Bloomberg. “I just wish the FDA had stepped up years ago. All these women wouldn’t have been harmed.’’
According to the Bloomberg article, Bayer reported about 3,000 Essure lawsuits in October of 2016. Now, they face approximately 16,800, and the company believes that number is likely to increase.
That number could see an additional jump following the release of the Nextflix documentary “The Bleeding Edge,’’ which covered the medical device industry and included claims about the contraceptive device. It will take some time before these cases are likely to be settled, at least not until several juries issue their rulings on the strength of cases currently working their way through the legal system.
“Companies see these test cases as one of the main ways to decide whether to settle and how much to pay,” Jean Eggen, who teaches mass-tort law at Widener University in Philadelphia said. “It provides a key test of the strength of the plaintiffs’ claims and how much juries might award.”
If you suffered serious side effects caused by a faulty medical device like Essure, call our Houston medical device injury attorneys at Bailey Peavy Bailey Cowan Heckaman today to discuss your case over the phone. We have decades of experience working with injured victims, and have faced down some of the largest corporations in the nation and successfully secured hundreds of millions of dollars in verdicts and settlements for our clients. You can also send us the details of your case through our online form to set up a free consultation.