There have been significant problems reported over the use of the Bayer Essure birth control device. Women with the device have reported chronic pain, penetration of the fallopian tubes in which the device is inserted, organ perforation and in some cases there have been fatalities.
Bayer’s device has been touted by the company as a permanent birth control device. It is a metal coil that is surgically implanted in the fallopian tubes. Bayer claims that it is safe and that it performs its function well, despite the problems that have been reported, including a mass federal lawsuit which is aimed at making Bayer pay for injuries already experienced.
If you live in Mississippi and have an Essure device fitted but have been experiencing any of the symptoms above, you should find out whether the symptoms are caused by the device. You may need to file a personal injury lawsuit against the company to ensure you have enough money to have the device removed.
Options available for women with Essure devices
One of the main problems with the Essure device is that it is not easy to remove it if has become so painful that it is endangering your health. It has been specifically designed so that it is a permanent birth control device. One of the drawbacks of many other I.U.D.s is that they can fail to stay where they have been inserted, i.e. mainly in the womb. Many I.U.D.s have also caused health problems in some women, but because of their position they are easier to get out. The Essure device really needs to be surgically removed. That can become very expensive unless your insurance policy covers it.
The first option then, if your pains or health problems have been pinpointed as being caused by the Essure device, is to find out if your health insurance policy covers its removal. Many insurers are reported not to be covering Essure removal. This may not be the case with your insurer.
You will need a quote for the cost before you contact your health insurer. Talk to your doctor about surgery options. In some cases, damage to the fallopian tubes is such that a hysterectomy must be carried out. Also note that if the coil can be removed, it should preferably be carried out by a surgeon who has already had experience of removing it. A successful operation should eliminate any more health problems and reverse the birth control effects of the coil.
If the cost of surgical removal is prohibitive, you should contact a personal injury attorney in Jackson, Mississippi. Bayer has been ignoring the safety concerns that have been repeatedly expressed for several years now and will fight the mass lawsuit that has been filed against it citing negligence. However, if a Bayer product causes severe health problems, including organ perforation, and there is an urgent need to remove it which possibly involves a hysterectomy, this is evidence of negligence. A successful lawsuit against the company would make Bayer pay for all medical costs involved in rectifying an unsuitable device as well as pain and suffering caused by the device.
Mass lawsuit underway
The Federal Food and Drug Administration (FDA) has not prohibited the sale and use of Essure. Its current viewpoint is that the “benefits of the device outweigh the risks”. The FDA claims that the updated labeling used by Bayer is sufficient to warn women of the potential risks.
The FDA’s policy notwithstanding, it has not prevented thirty one women from fifteen states filing a federal lawsuit against Bayer alleging negligence and citing severe abdominal and back pain, heavy bleeding, organ perforation and the need for hysterectomies. The women claim in their lawsuit that Bayer misled women about the safety of the devices and should pay for their removal as well as attorney fees and future monitoring after removal in case there are post surgery complications.
Bayer insists that the devices are safe and are the only FDA approved “non-incisional” permanent birth control devices on the market.
Contact a personal injury attorney at the Diaz Law Firm in Jackson, Mississippi if you need to discuss your legal options concerning a problem Essure device.