Injuries Related to Essure

Our attorneys are currently reviewing new clients who have had their Essure device surgically removed within the past two years or are scheduled to have a removal in the future.

The following are the types of Essure removal surgery that may qualify a claimant for inclusion in this lawsuit:

  • Hysterectomy
  • Salpingotomy: involves making a small cut in each fallopian tube to remove the Essure coils.
  • Essure removal and tubal occlusion (leaving ends separated)
  • Essure removal and tubal anastomosis (rejoin the tubes)
  • Laparoscopic removal of both fallopian tubes as well as the interstitial portion of the micro insert
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Can I Still File an Essure Lawsuit?

You may be eligible to file an Essure lawsuit if you or a loved one had an Essure device surgically removed in the past two years or are scheduled to have a removal in the future.

Additionally, the claimant must not have accepted a previous settlement for their Essure injuries.

How Long Do I Have to File an Essure Lawsuit?

In August 2020, Bayer entered into a $1.6 billion settlement to resolve most Essure claims. The settlement was expected to resolve around 90% of the 39,000 cases that had been filed at the time.

If you have not yet taken legal action and were not part of the settlement, it may not be too late to act. However, you will need to determine if your case is still within the statute of limitations.

The deadline when the statute of limitations runs out can vary depending on the type of claim you are bringing and where you live. For example, in many states, there is a two-year statute of limitations for product liability claims so you must file your case within two years from the date of injury. If you do not file a case within the statute of limitations, your claim is time-barred and you can no longer pursue legal action.

There are exceptions to this limit. Because the rules vary, the best way to determine if you are still eligible to file an Essure lawsuit is to contact Aaronson and Rash, PLLC and talk with an experienced product liability lawyer about your options.

FDA Action on Essure

Between 2002 and 2017, the Food and Drug Administration received more than 26,700 complaints of adverse effects form the Essure device. The FDA subsequently required Bayer to conduct additional clinical trials in February 2016, and a “black box” warning of potential complications was placed on the product in November 2016.

Bayer discontinued Essure in 2018.

Frequently Asked Questions

How Long Will My Essure Lawsuit Take?

The length of time an Essure lawsuit will take depends on many factors, including whether your case settles out of court or whether it proceeds to trial. The more complex the case, and the more severe the injuries, the longer it will take to resolve your claim.

Timeline of an Essure Lawsuit

When you file an Essure lawsuit, your attorney will first file court paperwork called pleadings.

Plaintiffs file a complaint, and the defendant will subsequently file an answer.

The discovery phase occurs after the pleadings and involves an exchange of information between parties. This is a fact-finding effort that allows both sides to see the evidence their opponents will be presenting. Interrogatories, or lists of questions sent to the opposing party, can also be used during discovery.

Typically, a pre-trial conference occurs next so the parties can meet and determine if a settlement can be reached. If no settlement is reached, then the case proceeds to the litigation phase. A trial occurs and can take several days or several weeks as each side presents evidence in support of their case.

What are the Essure Lawsuit Settlements?

Lawsuits can be resolved if the involved parties agree to a settlement. They can also be resolved after a trial. If a case goes to trial, liability is determined, and damages are awarded.

Bayer opted to settle many Essure cases, which means the company made an offer to pay a lump sum. Plaintiffs who agreed to the settlement were prohibited from pursuing their current and future claims against the company.

Bayer settled the majority of cases in August 2020 for $1.6 billion.

Essure Settlement Amounts

The approximate share per plaintiff from the Bayer settlement was $45,600. However, settlement amounts can vary depending on the extent of damage.

To determine if you could obtain compensation from an Essure lawsuit–and to get an accurate estimate of the likely amount of compensation that could be available–your best option is to speak with an experienced product liability lawyer at Aaronson and Rash, PLLC. An attorney can help you understand your rights if you were affected by Essure complications and can assist you with bringing a claim for compensation if that is an option in your situation.

 

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What You Can Do & How We Can Help

Aaronson & Rash, PLLC was founded in 2005.  We handle cases nationwide from our principal office in Houston, Texas. 

At Aaronson and Rash, PLLC, our attorneys are here to help you.  We have over 40 years of combined experience in personal injury, environmental disasters, defective products, pharmaceutical litigation, and toxic exposure cases. Our legal team is ready to work with you and your family as we fight for the maximum compensation you deserve.

Bilingual staff is available for Spanish clients. At Aaronson & Rash, we believe that everyone deserves an experienced attorney, no matter their financial circumstances. That’s why we only accept cases on a contingency fee basis. Rather than an hourly legal fee, a contingency fee arrangement means that the attorney will not receive any payment until the completion of the lawsuit and only if the suit is successful.

We offer 100% free and confidential case evaluations. If you would like more information, click on the CONTACT button or call our offices at 844 THE LAW 4 (844-843-5294) for a FREE CASE EVALUATION from our experienced attorneys.

Justice for Essure Victims

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Important:  There are strict time deadlines for filing your claim, ACT NOW