Essure Victims Seek Justice in New Mexico
06/21/2016 - Twenty-nine women injured by the controversial Essure birth control device filed suit today in San Miguel County, New Mexico. 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. This suit is one of a growing number of lawsuits filed by Ennis & Ennis, P.A. and co-counsel against pharmaceutical giant, Bayer and several related subsidiaries.
The lawsuit follows the FDA’s recent announcement that it will be requiring the company to issue new “Black Box” warnings to warn consumers of the dangers of the device. The complaint contains allegations of Strict Products Liability, Failure to Warn, Negligence in Training, Negligence in Manufacturing, Negligent Misrepresentation and Breach of Express Warranty.
Each of the plaintiffs named in the lawsuit against Bayer was implanted with Essure and sustained significant injuries. Most women required surgical procedures, some multiple procedures, to have the devices removed. The significant complications suffered by these plaintiffs include migration, hysterectomy, abdominal pain, pelvic pain, back pain, bloating, weight gain, mental haziness, heavy menstrual bleeding, irregular menstrual cycles, perforated organs, autoimmune issues, hair loss, tooth loss, headaches and other complications.
All of the plaintiffs were advised by their physicians that Essure was a non-surgical procedure, which was at least as effective of other forms of birth control. The plaintiffs were not warned about the serious and significant complications and injuries that could result from the Essure device.
The Essure device is a four-centimeter coil placed into each fallopian tube to prevent pregnancy by causing severe inflammation creating a total blockage of the fallopian tubes. The coil contains nickel, which some women are unknowingly highly allergic. The coil also contains polyethylene (PET) fibers, which irritate and inflame the tubes, causing scar tissue to form over the coils, blocking subsequent fertilization. Unfortunately the PET fibers which create the irritation to form the scar tissue, often cause the body to fight what it deems to be an infection or foreign body, creating a host of other problems from autoimmune disorders, neurological problems, kidney, adrenal and thyroid disorders and even cancer. The coils often become dislodged, perforating the fallopian tubes, uterus, colon or other internal organs.
Holly Ennis, one of the attorneys filing the complaint stated, “It is clear that Bayer violated federal law in the manufacturing, distribution, warranties and physician training relating to the Essure devices. Thousands of women have paid the price for these violations and it is time these wrongful acts were adjudicated.” The Essure victims’ claims were filed in one complaint by the law firms of Ennis & Ennis, P.A., Fleming, Nolen & Jez, LLP and local counsel, Egolf, Ferlic & Harwood, LLC.
If you or a loved one has been injured by the Essure device, contact the attorneys at Ennis & Ennis, P.A. at 1-800-856-6405 for a free confidential consultation or visit us online at www.Ennislaw.com and fill out an online form. We are representing Essure victims in all 50 states.