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The Medical Devices Safety Act Could Open a Flood of Litigation Against Bayer

Essure victims are currently prevented from receiving punitive damages when their medical device fails them but that could all change next week

Friday, May 17, 2019 - The Food and Drug Administration (FDA) under the current Republican leadership continues to hinder those who seek to hold large medical device makers accountable for their bad acts. The FDA has sided with Bayer, maker of the controversial Essure birth control device and decided that the company has done enough to date to comply with the FDA's order to conduct a post-market study. The agency's decision has drawn criticism from those who have been injured by the faulty birth control device because Bayer had dramatically reduced the number of Essure patients in the study to around 900, down from the original 1400 originally required. The FDA also granted Bayer three more years, from two to five years, to conduct the study. Bayer cited that the original number of patients and time restraint was no longer feasible due to the company halting sales of the product. National Essure lawsuit attorneys are helping women with Essure birth control problems and offer a free consultation before filing a claim.

This logic is infuriating Essure victims as the vast majority of Essure doctors continue to recommend and use Essure which is readily available from third-party vendors online. Many Essure doctors stocked up on the device when foreknowledge of Bayer's halting sales became public in July 2018, giving them 6 months to inventory the product. With an inventory of Essure to unload, Essure doctors now have a vested financial interest in pushing the product and keeping Essure adverse health consequences a secret from unsuspecting patients. Such a position can be inferred as Bayer continues to stand by its position that the Essure presents a "positive risk/reward profile." In addition, women who pose undercover as potential Essure patients are reporting outdated Essure sales literature in doctor's offices. Of all the proponents of Essure, Planned Parenthood organization continues to recommend Essure as if nothing whatsoever was wrong.

Women from the 40,000 member strong Essure Problems Facebook Group and other concerned activists are currently lobbying in Washington DC for the FDA to enforce the original terms of Bayer's Essure Post Market Analysis. In addition, the group is in the nation's capital to support Rep. Rosa DeLauro, D-Conn bill to "enable patients with PMA-approved devices that cause severe injury or death to seek legal recourse."

In a nutshell, the Essure birth control device is a one to a two-inch coil that resembles the spring on a ball-point pen and is inserted through the vagina into the Fallopian tubes, one on either side. The device is designed to cause irritation and inflammation, and lacerations that trigger the body's natural healing process to activate and create scar tissue to encapsulate the device, holding it in place and blocking fertilization. It takes about three months from the original insertion for the device to become effective and it is recommended that women refrain from intercourse until a doctor's checkup confirms that the tubes are blocked. All too often the Essure device becomes dislodged due to a number of reasons and migrates to the uterus where it lacerates the organ causing intensive and continuous bleeding. The uterus contracts in order to try and expel the foreign object and digs the device's sharp edges deeper and deeper into the uterus causing painful unending cramping pain.

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No-Cost, No-Obligation Essure Lawsuit Case Review If You or a Loved One Suffered from Essure Problems

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.