Skip to content

Essure Permanent Birth Control Class Action

Merchant Law Group LLP is prosecuting against the manufacturers of Essure Permeant Birth Control Device (“Essure”), class action litigation seeking individual compensation and other benefits for Canadian women who have been implanted with Essure and have experienced certain physical injuries or complications.

 

The Essure Canada Class Actions seek proper financial compensation for affected Canadian women who have suffered as a result of using the Essure implant. Please note, joining our contact list for the Essure Class Action creates no financial obligation for you and your information will be kept confidential.

 

If you have had Essure implants (with or without complications), please contact one of our personal injury lawyers with any questions, by emailing essureinfo@merchantlaw.com

The manufacturers of Essure are Bayer Inc., Bayer AG, Bayer Corporation, and Bayer Health Care LLC.

IF YOU WISH TO JOIN THE CONTACT LIST FOR THIS CLASS ACTION OR TO SIMPLY GET MORE INFORMATION, PLEASE COMPLETE THE BELOW FORM [OR EMAIL OUR LAW FIRM AT essureinfo@merchantlaw.com].

 

Background of this Personal Injury Litigation

While the ESSURE implant was marketed as a safe and permanent form of birth control, the lawsuits allege that ESSURE increased the risk of severe chronic pain, discomfort, bleeding, pain during sex, cramping, swelling, bloating, irregular menstrual cycles, migration of the implants, and on balance, was unfit for its intended use.  It is alleged that Bayer failed to conduct adequate pre- and post-market testing, and of greatest concern, to adequately warn the Class of the significant risk of adverse effects, or to promptly remove Essure from the market, as these significant adverse risks became known.

 

For example, in 2016, after becoming aware of a new research study that raised safety concerns about ESSURE, Health Canada conducted its own safety review and “recommended increased monitoring of the safety of the Essure” while also requiring that “the manufacturer to issue a risk communication to help clarify information about the device and associated safety concerns.” However, these were not newly discovered issues. As the United States Food and Drug Administration reports, adverse event reports were being received as early as 2002:

 

From 2002 through 2021, the most reported patient problems were pain/abdominal pain (38,995), heavier menses/hemorrhage/menstrual irregularities (17,542), foreign body/device fragment in patient (10,151), perforation (9,295), headache (8,705), fatigue (7,206), weight fluctuations (6,087), depression/anxiety (5,749), hypersensitivity/rash (5,368), and hair loss (5,099). Most of the reports received listed multiple patient problems in each report. The most frequent device problems reported were patient-device incompatibility/biocompatibility (for example, possible nickel allergy or patient’s anatomy related to failure) (8,625), migration of the device or device component (5,598), device breakage/material fragmentation/fracture (2,935), dislodged or dislocated device (2,814), device operating differently than expected, for example, implant failure or pregnancy (1,137), malposition of the device (415), device difficult to remove (348), and device difficult to insert (339). Multiple device problems can also be listed in each report.

In 2017, Bayer announced that it would voluntarily withdraw ESSURE from the Canadian market. On December 31, 2018, Bayer stopped selling the ESSURE birth control product in the United States, although the FDA has mandated extensive follow-up studies to monitor those who already have ESSURE implants.

 

How does a class action lawsuit work?

A class action gathers a large group of plaintiffs together to resolve their complaints in a single court case. It is the appropriate type of court case when many people have been hurt and when it’s not necessarily practical for every single one of them to bring an individual personal injury case to court.

You pay no legal fees unless these class action lawsuits are successful. Our law firm take all the risk of paying the expenses and costs of prosecuting these class actions. [Our lawyers will only be paid a contingency percentage from the ESSURE settlement (upon approval from the Canadian Courts) IF this class action reaches a successful conclusion and provides individual compensation options to Canadian victims of the ESSURE implant.]

 

Why our lawyers are pursuing Bayer for personal injury compensation regarding ESSURE

Merchant Law Group LLP and our representative plaintiffs have been leading the way in Canada in terms of pursuing compensation for victims and one of our class actions regarding ESSURE has already been certified by a Quebec Judge.

 

Merchant Law Group LLP has 12 offices across Canada.  Merchant Law Group LLP is well-known for pursuing class action and mass tort lawsuits in Canada including successful litigation regarding Breast Implants, Alesse birth control, Maple Leaf Foods, Celebrex/Bextra, Vioxx, Sony, Residential Schools and various other consumer protection cases.  Our dedicated team of more than 30 litigation lawyers includes Tony Merchant KC, who is known as one of Canada’s most active litigators with more than 850 reported cases in leading Caselaw Journals, having argued thousands of cases before Superior Courts, the Courts of Appeal, the Federal Court of Canada, and the Supreme Court of Canada.  Tony Merchant KC has a long history in pursuing public policy cases and is a former elected Member of the Legislative Assembly.

 

IF YOU WISH TO JOIN THE CONTACT LIST REGARDING THIS CLASS ACTION, PLEASE COMPLETE THE BELOW FORM. (Please note, providing your contact information creates no lawyer-client relationship or financial obligation. You are not charged any fee or cost for joining the contact list for this class action.)  Please note, providing your information creates no financial obligation for you. You are not charged any fee or cost for joining this class action – we are simply paid a contingency fee from the compensation recovered, if successful.

 

POUR UN SERVICE EN FRANÇAIS AU SUJET DE CE RECOURS COLLECTIF (OU D’AUTRES RECOURS POTENTIELS), S.V.P. REMPLIR LE FORMULAIRE CI-DESSOUS OU CONTACTER NOTRE BUREAU DE MONTRÉAL: MONTREAL@MERCHANTLAW.COM  

 

    Please note: The information provided on this website is Not Legal Advice. The information may or may not be accurate. The information is for discussion purposes only. Reliance upon any information provided would not be grounds to advance a claim against Merchant Law for providing any advice. In order to get a formal legal opinion upon which you may rely about any specific fact scenario, you would have to first retain the services of a lawyer and request a formal legal opinion.