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Proposed Essure litigation settlement reached with Bayer

Motley Rice LLC, one of the nation’s largest plaintiffs’ litigation firms, announced that a proposed settlement agreement has been reached with Bayer to resolve thousands of women’s claims regarding the permanent birth control device, Essure®.

In 2017, Motley Rice lawyer Fidelma Fitzpatrick was appointed Lead Counsel of the Plaintiffs’ Executive Committee for the coordinated Essure litigation in California against Bayer, the Judicial Council Coordination Proceedings (JCCP). Since that time, Fitzpatrick, along with Motley Rice medical device lawyers and co-counsel, have been at the forefront of the Essure litigation on behalf of plaintiffs, including the negotiations with Bayer to resolve clients’ Essure claims.

“Bayer’s proposed settlement to resolve Essure claims would provide expedited relief to thousands of women,” said Motley Rice lawyer for the plaintiffs Fidelma L. Fitzpatrick. “While we would have been ready for trial if needed against Bayer, to be able to get the assistance Essure’s victims need while avoiding putting their very personal lives on trial is reassuring for many. Women have suffered for years not only physically, but also emotionally and financially from the often enormous Essure-related medical bills they face. We look forward to working through the details of the settlement terms as quickly as possible to finalize the agreement.”

The proposed settlement comes after Bayer received years of complaints about Essure and nearly two years after it announced it would stop selling Essure in the United States.

That announcement followed the FDA imposing conditions on Essure’s use, including requiring patients to confirm in writing that they had received information detailing Essure’s risks before it could be implanted. In 2016, the FDA required Bayer to add to Essure’s label a black box warning, its strongest, which indicates a product may cause death or serious injury.

A type of hysteroscopic sterilization procedure, Essure is a form of tubal sterilization that does not require an incision. Reports of complications following the Essure procedure include:

  • Additional surgeries, including hysterectomy to remove the device and repair internal organs
  • Autoimmune response to the device, including fatigue, rashes, hair loss and weight gain
  • Chronic pelvic pain
  • Fetal Death
  • Life-threatening ectopic pregnancy
  • Migration of the device or a device component (in some cases, the device may even ‘disappear’ in the body, becoming undetectable even through standard scanning)
  • Expulsion of the device
  • Perforation or tear of pelvic organs, including uterus or colon
  • Severe migraines and allergic reactions to the device or device components

About Motley Rice

Motley Rice LLC is one of the nation’s largest plaintiffs’ litigation firms. With a tradition of representing those whose rights have been violated, Motley Rice attorneys gained recognition for their pioneering asbestos lawsuits, their work with the State Attorneys General in the landmark litigation against Big Tobacco, and their representation of 9/11 families in the ongoing lawsuit against terrorist financiers. The firm continues to handle complex litigation in numerous areas, including securities fraud; antitrust; consumer protection; mesothelioma; environmental contamination; prescription and over-the-counter drugs; other medical devices; human rights; aviation disasters; birth control lawsuits; and wrongful death. Motley Rice is headquartered in Mt. Pleasant, S.C., and has additional offices in Connecticut; Louisiana; Washington, D.C.; New Jersey; New York; Pennsylvania; Missouri; Rhode Island; and West Virginia. For more information, contact Motley Rice attorney Fidelma L. Fitzpatrick (DC, MA, NY, RI) at 1.800.768.4026 or visit motleyrice.com. Motley Rice LLC, a South Carolina Limited Liability Company, is engaged in the New Jersey practice of law through Motley Rice New Jersey LLC. Esther Berezofsky is the attorney responsible for New Jersey practice. Connect with us on Facebook, LinkedIn, Instagram and Twitter.