Essure, a permanent birth control device comprised of tiny metal coils that are implanted in the fallopian tubes, has spurred thousands of complaints and may soon be the subject of an Essure class action lawsuit in Canada.
Today, the U.S. shields multinational corporations from federal class actions like this based on a court’s interpretation of the “Pre-market Approval Process” by the FDA.
Congress is currently considering allowing lawsuits to move forward in state courts under H.R. 2164, the Medical Device Safety Act of 2017.
A class action lawsuit was filed at the Court of Queen’s Bench for Saskatchewan in October 2015 against Bayer, the manufacturer of Essure, and more than 100 Canadian women have allegedly expressed interest in joining the suit.
Those familiar with the lawsuit expect the class action to be certified by a judge later this year, according to a Toronto Star report.
Patients who are harmed by high-risk devices should have the opportunity to show causation in court as these women are looking to do in Canada.
In Canada, where Essure has been on the market since 2001, the law allows for a day in court.
Despite thousands of women taking to the street in rallies, hitting the halls of Congress to speak to legislators and presenting their injuries to the FDA, today the law of the land is one that protects large multinational corporations but does not protect patients.
In the U.S., medical device manufacturers are shielded from legal liability for personal injury if their device came to market through the FDA’s stringent but controversial premarket approval (PMA) process, which requires companies to prove the safety and efficacy of a device before it can be sold.
This controversial corporate immunity shield is being threatened with H.R. 2164, the Medical Device Safety Act of 2017.
This bi-partisan act seeks to remove the legal barrier for patients harmed by dangerous medical devices by allowing them the legal right to seek compensation if they are not adequately warned of the risks of using the device.
Although Bayer markets Essure as an effective, affordable and convenient means of birth control, many women who have been implanted with the device have reported severe life-changing complications that bring into question Bayer’s claims.
A grassroots movement of advocates that call themselves E-Sisters has been collecting a list of complications reported by women in an effort to get accurate information out to the public.
They believe their grassroots effort to collect this information is much more accurate than the FDA’s Adverse Event Reporting System (FAERS) as the FAERS database is generally acknowledged to underreport the incidence of adverse effects by around 10 fold.
The side effects reported by E-Sisters are pages long and tracked on their website, Essure Problems.
These complications include gynecological, gastrointestinal, neurological, blood issues, autoimmune disorders, sensitivities, and pain of many kinds.
In addition, women on Essure have doubted its effectiveness and there are a number of premature births and miscarriages reported.
Some women have died and their families believe it was related to the Essure implant.
Women with Essure also have a higher risk of ectopic pregnancies.
Women in the U.S. will be watching to see how the Canadian Essure Class Action moves forward and we will continue to update the movement of H.R. 2164, the Medical Device Safety Act of 2017.
Experienced Attorney & Legal SaaS CEO
With over 25 years of legal experience, Jessie is an Illinois lawyer, a CPA, and a mother of three. She spent the first decade of her career working as an international tax attorney at Deloitte.
In 2009, Jessie co-founded her own law firm with her husband – which has scaled to over 30 employees since its conception.
In 2016, Jessie founded TruLaw, which allows her to collaborate with attorneys and legal experts across the United States on a daily basis. This hypervaluable network of experts is what enables her to share reliable legal information with her readers!
Here, at TruLaw, we’re committed to helping victims get the justice they deserve.
Alongside our partner law firms, we have successfully collected over $3 Billion in verdicts and settlements on behalf of injured individuals.
Would you like our help?
At TruLaw, we fiercely combat corporations that endanger individuals’ well-being. If you’ve suffered injuries and believe these well-funded entities should be held accountable, we’re here for you.
With TruLaw, you gain access to successful and seasoned lawyers who maximize your chances of success. Our lawyers invest in you—they do not receive a dime until your lawsuit reaches a successful resolution!
Do you believe you’re entitled to compensation?
Use our Instant Case Evaluator to find out in as little as 60 seconds!
Camp Lejeune’s water contamination issue spanned several decades starting in the 1950s. Exposure to these chemicals has been linked to various serious health issues, including cancer, organ diseases, and death.
Research is increasingly suggesting a link between the use of Tylenol during pregnancy and the development of neurodevelopmental disorders, such as autism and ADHD, in infants.
Legal action is being taken against manufacturers of Aqueous Film-Forming Foam (AFFF), a chemical used in fighting fires. The plaintiffs allege that exposure to the foam caused health issues such as cancer, organ damage, and birth and fertility issues.
Here, at TruLaw, we’re committed to helping victims get the justice they deserve.
Alongside our partner law firms, we have successfully collected over $3 Billion in verdicts and settlements on behalf of injured individuals.
Would you like our help?
According to the FDA, New Britain, Connecticut-based Roly Poly Bakery has recalled all of its 20-ounce loaves of Roly Poly multigrain bread because of the presence of undeclared egg. Individuals who live with an egg allergy are advised against consuming the products to prevent the
The FDA is calling to attention a corrective recall of HeartMate II and HeartMate 3 Left Ventricular Assist System (LVAS) by Abbott/Thoratec Corp. because long-term buildup in product components may cause an obstruction. Because this blockage could result in serious injuries or death, an FDA
Consumers are advised that Feel Good Foods, of New York, New York, has recalled its Gluten-Free Cream Cheese Stuffed Mini Bagels in the Plain and Everything flavors due to the potential presence of undeclared gluten from cross-contamination. Individuals who live with an allergy or sensitivity