Essure is a permanently implanted birth control device for women. Essure is inserted through the vagina and cervix into the fallopian tubes. The procedure does not require a surgical incision. Essure inserts do not contain or release hormones.

Everything You Must Know About Essure

Essure Lawsuit Brief

Bayer AG is in talks to resolve thousands of lawsuits that claim its Essure contraception device failed to prevent pregnancy or injured women, company officials said.

The company has reserved 1.25 billion euros ($1.47 billion) to settle the Essure cases and to cover settlements in other company litigation, Bayer officials said in a press release Monday about second-quarter earnings.

“Discussions on potential settlements in connection with Essure, a medical device offering permanent birth control with a nonsurgical procedure, recently intensified and have made good progress in recent weeks,” officials said in the release.

“Bayer therefore established appropriate provisions in the second quarter. The Pharmaceuticals Division recorded special charges of 1.245 billion euros for litigations, primarily for Essure,” they added

Chief Executive Officer Werner Baumann said on a call with analysts that, “to be clear, there is no settlement that has been signed and no payments have been paid in connection with this provision. We will have more to say on this subject if and when we reach a formal resolution.”

Fidelma Fitzpatrick, the lead lawyer for a group of cases consolidated in state court in California, said she’s grateful “Bayer has finally agreed to put the interests of these women first and engage in meaningful settlement talks.”

“I am hopeful that these talks will conclude in the near future with a productive outcome for all of the women who have fought so hard for so many years to be heard,” she said in an emailed statement.

Bayer acquired Essure when it bought medical-device maker Conceptus Inc. for $1.1 billion in 2013. Both companies have been accused by women of failing to report thousands of complaints about injuries caused by the product to protect sales.

Thousands of women launched a campaign on social media to have regulators take the device off the market because it allegedly caused unintended pregnancies, autoimmune problems and organ damage. Many were forced to have the device surgically removed.

Bayer pulled Essure off the market in 2018, calling it a “business decision.” That move came after the U.S. Food and Drug Administration made the company toughen safety warnings about the contraceptive device and sales fell.

The first trial of Essure claims was set to start in state court in Oakland, California, earlier this year but was delayed by the coronavirus pandemic that closed businesses and courts.

The case is Essure Products Cases, JCCP No. 4887, Superior Court for Alameda County, California (Oakland).


Sources: Bloomberg


Talk With a Lawyer

Same Day Appointments are Available.