Essure Lawsuit Centralization Sought for Cases Pending in Federal Courts Nationwide

With a growing number of women throughout the U.S. filing Essure lawsuits against Bayer, alleging that the controversial birth control implant caused severe and debilitating complications, a request has been filed with the U.S. Judicial Panel on Multidistrict Litigation (JPML) to consolidate the cases before one judge for coordinated pretrial proceedings. 

Essure is a medical device designed to provide permanent birth control, involving placement of coils that cause scar tissue to form and block a woman’s tubes.

Although the device has been marketed as a safe and effective means of preventing pregnancy, thousands of women have surfaced in recent years on Facebook, Twitter and other websites describing painful Essure problems, where the coils migrated, perforated the uterus, caused severe allergic reactions, infections, abdominal pain and other complications.

In a motion to transfer (PDF) filed on July 22, some plaintiffs have called for a federal Essure MDL, or multidistict litigation, to be established, since each of the claims raise similar allegations that Bayer sold an unreasonably dangerous device and failed to provide adequate warnings for women or the medical community.

As of July 14, Bayer faces at least 30 product liability lawsuits over Essure, which were filed on behalf of more than 1,000 plaintiffs spread across five different federal districts. As Essure injury lawyers continue to review cases, it is expected that the size of the litigation will continue to grow over the coming months and years.

“Each of these lawsuits arise from injuries sustained by Plaintiffs as a result of being implanted with the defective and unreasonably dangerous permanent birth control device Essure,” the motion states. “Plaintiffs in each of these lawsuits seek redress for physical injuries, pain and suffering, and, in most cases, the need for subsequent surgical intervention to remove Essure from Plaintiffs’ bodies.”

Plaintiffs indicate that consolidation of the cases would prevent duplicative discovery and conflicting rulings by different judges, and would serve the convenience of witnesses, the court and both parties. The motion suggests that the cases be transferred to the Eastern District of Pennsylvania under U.S. District Judge Gerald McHugh.

Last year, the FDA held advisory panel meetings to review the safety of Essure. After considering recommendations from the panel of outside experts, the agency announced in late February 2016 that much stronger Essure warnings will be required to make sure doctors and women are informed of the potential risks. Bayer has also been ordered to conduct additional studies to better understand the safety of the implant, raising questions about why the manufacturer failed to take these steps years ago after receiving complaints.

An estimated 750,000 women worldwide have undergone Essure sterilization procedures since the device was introduced in 2002. Bayer purchased the Essure product from the original developer, Conceptus, for about $1.1 billion in 2013.