Essure Medical Device Litigation Settles

Wenholz | Dow, PC along with Evans & Herlihy and others, proudly represented dozens of women in a multi-district mass tort filed in cause no. JCCP 4887; styled In Coordination Proceeding Special Title ESSURE PRODUCT CASES; Superior Court of the State of California, in and for the County of Alameda, honorable Winifred Y. Smith presiding for injuries resulting from the Essure birth control device designed and manufactured by global pharmaceutical giant Bayer.  As reported in the press, Bayer recently agreed to pay $1.6 billion to end virtually all U.S. Essure lawsuits.  Wenholz | Dow, PC clients will participate in the settlement with all terms to remain confidential.

The German drug maker discontinued sales of the Essure device in 2018 citing a decline in sales.  However, over 13,000 women filed suit in Alameda County Superior Court claiming Bayer failed to timely report and warn of adverse serious side effects to the FDA.  According to Plaintiffs’ experts, the failure to truthfully report led to a black box warning on the product being delayed for years.  Eventually, on October 31, 2016, the FDA mandated a black box warning, the strictest warning the FDA can issue.  Unfortunately, that warning came far too late for thousands of women.

The litigation alleges the Essure device, a small 2 inch metal coil, caused serious and devastating side effects such as perforated fallopian tubes, unwanted pregnancy, autoimmune disorders, and in some cases, hysterectomy.  Plaintiffs alleged the devices broke, crumbled and moved out of the fallopian tubes cutting into nearby organs.  Bayer denies all allegations and refuses to admit any wrongdoing.  The settlement only impacts claims in the United States and has no impact on litigation pending in other countries.

Wenholz | Dow is proud to play a part in this important case and looks forward to finalizing all terms soon for its clients.  Wenholz | Dow collaborated with co-counsel  Evans & Herlihy and Fibbich Leebron, Copeland & Briggs.