Although the birth control device Essure was approved by the Food and Drug Administration (FDA) in 2002, the relative safety of the device is still under scrutiny. A noticeable percentage of women who have used Essure will develop some sort of negative symptom. In some cases, the consequence is a rash or hives caused by a nickel allergy; in others, it may cause vaginal bleeding or perforation that could be life-threatening if untreated.
Essure lawsuits and class actions have begun circulating as more and more women seek compensation for their injuries. In many of the claims, plaintiffs state that they were not given adequate warning of the potential side effects of Essure, which is a permanent birth control device. It has been proposed that black box warning label would be necessary on Essure packaging but this has not been approved by the FDA.
Recent News Regarding Essure Cases
In early August 2016, one Essure case in California was accepted and 14 women in the class action were allowed to continue with their claims. Back in February of 2016, another similar case, which included a 29-page complaint with multiple amendments, was rejected by the court. The judge in this instance, which played out in Connecticut, stated that despite the lengthy report, connection between Essure and the woman’s health issues was never firmly established.
What these two cases can tell people looking to file new Essure lawsuits is that preparation is necessary for success but so is a cohesive argument behind the case. Collecting evidence, such as medical records, doctor’s statements, and reports of other Essure-related injuries, to bolster a case is a must. It also helps to understand how the court will view a claim of that nature.
If you have been hurt by Essure, Kaiser Gornick, LLP and our San Francisco defective product attorneys can help you construct a case that seeks maximized compensation. We have 60+ years of collective legal experience, backed by hundreds of millions of dollars collected for our clients. Learn the difference we can make for you and your Essure lawsuit by contacting us today.