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California Essure Lawsuits Coordinated At Plaintiffs’ Request

Holly Kelly Ennis Oct. 3, 2016

Judge Winifred Smith has ordered that all California Essure product liability lawsuits pending against Bayer Corporation and several of its subsidiaries concerning the controversial Essure sterilization device be coordinated before a single judge and recommended this occur in Alameda County Superior Court.  The actions will be heard together as Judicial Council Coordinated Proceedings (JCCP) in the California court system.

The Petition For Coordination was filed by various counsels for the Plaintiffs, who have approximately 55 cases pending throughout California, representing over 900 women injured by the Essure device. Plaintiffs sought coordination of all state court actions to facilitate efficient adjudication in the California courts and coordinate the efforts of all parties involved in the litigation.

Bayer opposed to the Petition For Coordination.  Bayer claimed that individualized issues will predominate: causation, reliance and physician knowledge and performance would predominate over any common issues for any claims and that state-wide coordination would not result in increased judicial efficiency. Judge Smith correctly ruled that coordination would clearly assist with judicial efficiency and management of the cases and granted Plaintiffs’ Petition For Coordination.  She further recommended that the coordinated proceedings be conducted in the Superior Court in Alameda County.

This ruling will greatly benefit the litigants in the pending California cases by moving the cases forward more efficiently. Ennis & Ennis, P.A. with co-counsel, Fleming Nolen & Jez, LLP, recently filed claims in Sacramento County, California for 191 women injured by the controversial Essure birth control device. The women allege the Essure device caused them severe health problems including abdominal pain, severe cramping and bleeding, migraines, allergic reactions, device migrations, perforations and autoimmune issues. The firms also filed a similar Complaint in Alameda County, California this April for 81 women injured by the device. These 272 injured ladies reside in nearly every state as Essure caused injuries to women across the country and world-wide.

Attorney Holly Ennis praised Judge Smith’s decision, stating that, “Having a single judge oversee the litigation will avoid inconsistent rulings, streamline the discovery and enable the litigation to move forward in a more direct and cohesive manner. Many of the injured ladies have waited years to have the opportunity to seek redress in the Courts and we want to enable them to do so as quickly and efficiently as possible.” 

For questions concerning the Judicial Coordinated Proceedings (JCCP) or any other Essure related inquiries, contact attorney Holly Ennis or visit us online at