Five lawsuits filed against Bayer, the manufacturer of Essure birth control, which stated that their device led to permanent injuries, have been dismissed by the federal judge. However, the judge permitted the claim to move on with inadequate warning and claims of negligent misrepresentation. Additionally, the permission of amending claims was also granted.
What the lawsuits claim
Now, those five litigations can continue going against Bayer with a number of claims which include breach of warranty, negligent manufacture, inadequate management of risk, fraudulent manufacture, and lack of training.
Women injured by Essure rejoice
More than a thousand women claim that they had been injured by the device and said that this particular ruling posed as a huge victory in their clash against the manufacturer. Previously, all of the lawsuits against Bayer had been barred because of preemption; a protection of sorts provided by the FDA.
Co-founder and administrator of Essure Problems, Angie Firmalino stated that women had been struggling for quite some time to reveal the true dangers of the device and the corruption linked to the birth control system.
Another group of 30 cases had been filed by women in St. Louis in Circuit Court.
The expected outcome?
Yes, this is positive news for the plaintiffs. However, a few attorneys say that it is still early to predict the result. Attorneys say that it is still early to determine the effect of the litigation on the cases filed against the faulty device.
In the complaints filed, plaintiffs state that they experienced serious complications through the use of this device which includes damage to vital organs because of the migration of the device from the uterine tubes. Four of the five women had to get hysterectomies to get the device removed. Similarly, one of the women had to get her uterine tubes removed and had delivered a baby which had defects.
The manufacturer tried to get the claims dismissed by stating that the allegations made against the company were vague. Judge Padova, who was assigned the five cases took the plaintiffs side saying that the claims of negligent misrepresentation had been supported properly.
Women happy with the progress
For a lot of women that had been a victim of the faulty contraceptive device, this was a hard battle to fight. For numerous years, members of the support group ‘Essure Problems’ took to social media in order to spread awareness about the device and to get it banned.