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End of the year marks the end of sales for Essure due to injuries

December 22, 2018

Most consumers want to believe that the products that make it to the market in the United States are safe for consumers. This is particularly true when considering critical and potentially dangerous products, such as medications or medical devices. People place a lot of trust in these products, only to sometimes wind up injured or worse.

Unfortunately, the vetting process for medications and medical devices does not always involve thorough exploration of long-term consequences. In the rush to get new products to the market, overlooked issues can come back to cause problems for patients in the future. That is exactly the case with the permanent birth control Essure.

Women report a host of consequences from using Essure

Pregnancy is difficult, and for some women it can even be life-threatening. These women, particularly if they have already had children or they never want to have children, may embrace the idea of permanent birth control.

Essure promised to be a less invasive and simpler solution than more traditional options for women desiring sterilization, such as tubal ligation. Unfortunately, many of these women have later regretted that decision, as the device has caused serious complications. Women may report extreme pain due to the placement of the device.

For some women, this pain is constant. For others, the device may worsen their experience of menstrual cramps and pain during menstruation. Still others may find that the device makes sexual intercourse extremely painful.

As if these symptoms weren’t bad enough, the device has also been associated with the development of cysts, as well as infections, in some cases. Women who suffered severe injuries and medical consequences may have a claim for a defective medical product.

Patients may have the right to take legal action against Bayer or their doctor

Depending on the individual case, women who experienced extreme negative consequences due to the Essure permanent birth control device may have several options available.

In some cases — such as those where a doctor did not provide adequate information about current medical information and known side effects, or when the doctor performed the insertion procedure improperly — it may be possible to hold the doctor accountable for the pain and medical costs.

For women whose doctors provided all known information at the time of the procedure and who performed the insertion properly, it may be possible to hold Bayer accountable for manufacturing a dangerous and defective product. The company, aware of the issues, has ceased production of this medical device. The sales for the product are phasing out at the end of 2018.

However, for the thousands of women who have used the device, consequences may linger for some time. Some women may not yet even have had negative side effects, but they will later develop them. Looking into your rights as a medical patient and a consumer is an important first step if you think you may deserve compensation for a defective medical product like Essure.