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Look To Bayer's Annual Report For Accurate Lawsuit Data

Publicly-traded companies like Bayer Inc. are required by the Securities and Exchange Commission to publish accurate, unambiguous data on the company's financial position

Wednesday, March 13, 2019 - Public companies are not very forthcoming with information that could be deemed detrimental to the company. Press releases and news conferences usually put the most favorable spin on otherwise negative events. Speculation aside, the true quantity and scope of lawsuits against a company can only be found in the annual report that a publicly-traded company is required by law to publish. When one looks to the annual report of Bayer, maker of the highly controversial Essure birth control device, the number of lawsuits that have been filed against the company is shocking.

Legal experts had estimated that around 9000 individuals had filed suit against Bayer pertaining to its Essure birth control device. The actual numbers, however, are quite a bit higher.

Close to 30,000 Essure sufferers have filed lawsuits against Bayer for bringing a faulty and deceptive product to market. The actual, unexaggerated complaints that plaintiffs allege mirrors that of reports made on social media and to the FDA. According to the Bayer annual report, "As of January 28, 2019, U.S. lawsuits from approximately 29,400 users of Essure, a medical device offering permanent birth control with a nonsurgical procedure, had been served upon Bayer. The significant increase in filings was triggered by the statutes of limitations in some states. Plaintiffs allege personal injuries from the use of Essure, including hysterectomy, perforation, pain, bleeding, weight gain, nickel sensitivity, depression, and unwanted pregnancy, and seek compensatory and punitive damages. Additional lawsuits are anticipated." As of January 28, 2019, two Canadian lawsuits relating to Essure seeking class action certification had been served upon Bayer. Bayer believes it has meritorious defenses and intends to defend itself vigorously. National Essure birth control attorneys offer a free no obligation consultation to families and individuals harmed by Essure birht control device.

The number of individuals and the reasons they have for filing legal claims against a company is an indication of its prospects going forward, and if correct, things are not looking good for the German conglomerate. Bayer is also under an avalanche of litigation pertaining to its recent acquisition of Monsanto. Once again, according to the company's annual stockholder report over 11,000 plaintiffs have filed suit against Bayer claiming, amongst other things, that glyphosate, the active ingredient in the company's Roundup herbicide, caused their non-Hodgkin's lymphoma, a rare but deadly form of cancer. "Plaintiffs claim, (inter alia), that the glyphosate-based herbicide products are defective and that Monsanto knew, or should have known, of the risks allegedly associated with such products and failed to adequately warn its users."

It seems obvious that Bayer's chairman of the board, Werner Baumann was displeased with the company's 2018 performance and is worried that legal fees and settlements could cost Bayer stockholders plenty in the future, so much so that the he title the introduction of the annual report to reflect his concerns about Essure and Roundup, His remarks were titled "The safety of our products is our top priority," anticipating shareholder questions about his willingness to address the Bayer's legal problems. Bayer stock lost almost half of its value in 2018 and it looks like 2019 could be considerably worse.

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OnderLaw, LLC is a St. Louis personal injury law firm handling serious injury and death claims across the country. Its mission is the pursuit of justice, no matter how complex the case or strenuous the effort. OnderLaw has represented clients throughout the United States in pharmaceutical and medical device litigation such as Pradaxa, Lexapro and Yasmin/Yaz, where the firm's attorneys held significant leadership roles in the litigation, as well as Actos, DePuy, Risperdal and others, and other law firms throughout the nation often seek its experience and expertise on complex litigation.