Update on The Medical Devices Safety Act

When approved, The Act will improve medical device safety as well as give those injured a means of attaining fair monetary compensation

Thursday, June 6, 2019 - Outrage on the part of Essure patients and consumer advocacy groups has prompted the US Congress to revisit passing the Medical Devices Safety Act. The bill would serve two purposes according to Congresswomen Rosa DeLauro (CT-03) and Louise Slaughter (NY-25): "to reform the review process for medical devices and increase access to legal recourse for victims of unsafe devices." These two categories have joined to not only cause harm to millions of medical device patients but also prevents them from taking legal action to be made whole.

The Netflix documentary film "The Bleeding Edge" has shed light on the FDA's failure to adequately test medical devices such as heart defibrillators, breast implants, transvaginal mesh, and birth control devices, before allowing them to go to market. Under the FDA's 510 (k) fast-track approval program, all a medical device manufacturer has to do is to demonstrate that their new invention is substantially similar to one that is already on the market. The problems occur, however, when the medical devices that the new one seeking approval is compared to, has been the subject of lawsuits or recalled. The film also points out the "daisy chain" of the medical device approval process where one device is compared to another, and then another, and then another and no mention is made as to whether or not any of the devices in the chain really work or has been found to malfunction or are defective. Essure birth control lawyers will provide a free case review to women and the family members of women who have been harmed by Essure.

The other problem with existing statutes is that the law is out of date when it comes to preventing plaintiffs from seeking punitive damages against one of these medical devices based on the fact that the FDA approved it. The law was written prior to relaxing medical device approval procedures and has not been updated to reflect the fact that the FDA does not really test medical devices any longer. Plaintiffs should be allowed to seek punitive damages against medical device makers that have not fully tested their products.

Finally, doctors and surgeons are generally unaware that there was little if any testing of the medical device they recommend as they assume that if the device was awarded FDA approval, it must be safe, again a falsehood.

A recent article in Time magazine reviewed the Netflix documentary on medical devices and concluded that most medical devices that make it to the market today do so by escaping the scrutiny of the FDA. They claim that testing methods used by the FDA which starting testing medical devices in 1976 have not changed when the medical devices have changed dramatically since then. Today little if any human testing is done on a medical device and the FDA relies on post-market testing usually performed by the company itself. This method is flawed as it basically asks the company that profits from selling the device to self-police. When Bayer decided to stop selling Essure at the end of 2018, the FDA required the company to conduct a post-market survey of the faulty birth control device. The testing and conclusions were originally due in two years but that deadline has been extended for another three for a total of five years. The number of patients in the survey was also decreased as Bayer claims that their market withdrawal prevented them from reaching the target. If you ask me, Bayer will continue to drag out the post-market survey as long as they possibly can to avoid the inevitable conclusions. Between defective breast implants, the failed transvaginal mesh, and now Essure, little has been done to prevent millions of women from experiencing horrendous, life-threatening side effects of these devices, as was, I assume, in the original FDA charter.

More Recent Essure Complications Lawsuit News:

• The Medical Devices Safety Act Seeks To Make It Easier To Sue Bayer And Other Medical Device Manufacturers | 9/3/2019
• Essure 2.0 Could Be Coming Soon If It Is Not Already Here | 8/28/2019
• Suffering Essure Women Are The FDA's Long-Term Study | 8/23/2019
• Women from England Report Essure Disasters | 8/15/2019
• Essure Doctors Mislead Women To Believe The Procedure Is Non Surgical | 8/9/2019
• Essure Crazy Tweets Are Too Common To Be Coincidental | 8/6/2019
• The Medical Devices Guardians Acts Will Force Doctors to Report Essure Patient Complaints | 7/26/2019
• Use Caution When Preemptively Removing Essure | 7/18/2019
• Essure Causes Ectopic Pregnancies | 7/15/2019
• Essure Women May Elect Preventative Surgery To Remove It Before Extensive Organ Damage Occurs | 7/9/2019
• Essure Removal Doctors Finds The Device Calcifies Causing Excruciating Pain and Potential Organ Perforation | 7/3/2019
• The FDA May Have Ignored Thousands Of Essure Complaints | 6/27/2019
• Immense Discrepancy Found In The Number of Essure Complaints Versus Those Reported by the FDA | 6/21/2019
• Updated Information and Support Groups For Essure Victims | 6/12/2019
• Essure Women Around the World Document Their Horrible Experiences On YouTube | 5/31/2019
• The FDA And MAUDE Reporting System Are Under Fire For Under Reporting Adverse Events | 5/27/2019
• Women Met In Washington DC With Representative in Congress To Lobby For The Medical Devices Safety Act | 5/21/2019
• The Medical Devices Safety Act Could Open a Flood of Litigation Against Bayer | 5/17/2019
• Essure's Primary Problem Is That The Device Does Not Stay Put Within The Fallopian Tubes Where It is Intended | 5/7/2019
• Bayer May Have Double Crossed Essure Women | 5/1/2019
• Women May Seek To Have Essure Removed Before Complications Start | 4/30/2019
• Doctors, Planned Parenthood, and Bayer Inc. Themselves Continue To Recommend Essure | 4/25/2019
• The Medical Device Safety Act Seeks To Hold Medical Device Makers Accountable | 4/22/2019
• Commission-driven Essure Sales Representatives May Be To Blame For Bribing Doctors to Recommend Essure | 4/8/2019
• Essure Removal Can Create a Never-Ending Nightmare | 4/4/2019
• Gynecologists Push Essure Over Proven Conventional Birth Control Procedures | 4/1/2019
• The FDA Failed To Adequately Test Essure Before Allowing It To Come to Market | 3/22/2019
• Nickel Hypersensitivity Could Leave Essure Women With An Itchy Rash Covering Their Entire Body | 3/18/2019
• Essure Lawsuits Are Increasing Now That Bayer Cannot Hide Behind The FDA Any Longer | 3/15/2019
• Look To Bayer's Annual Report For Accurate Lawsuit Data | 3/13/2019
• Planned Parenthood Continues To Advise To Use The Essure Birth Control Device | 3/9/2019
• Essure Sales Continue Unabated in 2019 | 3/6/2019
• Unwanted Pregnancy Is An Ongoing Problem For Essure Women | 3/1/2019
• Essure Was Preceded By The Safer and Less Expensive Mirena IUD | 2/26/2019
• Doctors May Be Covering Up Essure's Failure | 2/19/2019
• Essure Doctors Act More Like Bayer Commissioned Salespersons When Selling Essure to Their Patients | 2/13/2019
• The E-Sisterhood ASHES Seeks to Improve the FDA's Medical Device Approval Process | 2/8/2019
• Essure Doctors Ignore The Product Discontinuation Order And Are Still Recommending The Birth Control Device | 2/6/2019
• Metal Hypersensitivity Can Cause Unbearable Essure Side Effects | 1/30/2019
• Were Essure Doctors Instructed by Bayer to Lie to Patients | 1/28/2019
• Women Experiencing a Condition Known as Sterilization Regret May Want Essure Reversed | 1/23/2019
• Essure Women May Have Been Lied To By Their Essure Gynecologists | 1/18/2019
• Essure Problems Facebook Administrators Take Issue With FDA Handling of Essure Crisis | 1/14/2019
• Bayer Says Essure is Safe and Taking it Off The Market is Purely Business Decision | 1/9/2019
• Essure Symptoms Are Real And Having The Device Removed Will Relieve Them | 1/4/2019
• Women Should Formally Register and Tell Their Essure Birth Control Horror Stories | 12/31/2018
• Essure Problems Will Continue For Decades to Come | 12/22/2018
• The big Essure question is to ask is if the device will eventually fail most of the millions of women who are using it. | 12/19/2018
• FDA Foot-dragging Protected Bayer While Putting Women's Health at Risk | 12/14/2018
• Doctors That Fail to Recognize Essure Complications Commit Medical Malpractice | 12/4/2018
• Essure Removal Proceedures Usually Require Surgery | 11/29/2018
• Bayer Issues New Essure Problems Denial | 11/23/2018
• Essure Removal Is Major Surgery, Not The Walk In The Park That Implanting The Device Was | 11/19/2018
• FDA Whistleblower Madris Tomes Was One of the First to Suspect Essure Problems | 11/9/2018
• Essure Migration Can Destroy a Woman's Uterus | 11/7/2018
• Comparing The Essure Birth Control Device With Tubal Ligation | 11/2/2018
• Doctors Should Be Held Accountable For Covering Up Essure Symptoms | 10/30/2018
• New Congressional Legislation Seeks to Stem The Flood of Unsafe Medical Devices Making it to Market | 10/26/2018
• Communicating With Other Essure Women is the Key to Finding the Essure Removal Doctor That is Right For You | 10/24/2018
• Essure Doctors Participate In Bayer's Unethical Marketing Campaign | 10/16/2018
• The FDA Takes Credit For Stopping Essure Sales | 10/10/2018
• Blowing The Whistle On The Essure Birth Control Device | 10/2/2018
• Essure Doctors May Not Be Objective When Dealing With Essure Problems | 9/28/2018
• Bayer's Essure Defense Press Release | 9/27/2018
• Essure Doctors Could Be On Bayer's Payroll Around the Globe | 9/25/2018
• Essure Groups Document The Device's Failure | 9/22/2018
• Essure Problems May Be Just Beginning | 9/20/2018
• Essure Is Certain to Fail At One Point Or Another | 9/18/2018
• Essure Complications Trigger A Worldwide Health Crisis | 9/13/2018
• Essure's Life-Ruining Side Effects | 8/31/2018
• Essure Complication Could Be Permanent | 8/30/2018
• Essure's Problems Are Global In Scale | 8/27/2018
• Is Your Gynocologist Merely An Essure Salesperson? | 8/23/2018
• An Avalanche of Product Liability Lawsuits Could Put Bayer Out of Business | 8/20/2018
• Essure Woman Used as Human Guinea Pigs | 8/10/2018
• Women Seeking Essure's Removal From Their Bodies May Never Know if The Procedure Was a Success | 8/8/2018
• Netflix Documentary Slams The Essure Birth Control Device | 8/6/2018
• Bayer Stands Behind Essure | 8/2/2018
• Bayer Continues to Deny Adverse Side Effects of Essure Birth Control | 7/30/2018
• Essure Removal Complications Will Last Decades | 7/26/2018
• Bayer Announces Essure Will Be Taken Off The US Market | 7/24/2018
• Essure to be Removed From the Market in The United States | 7/22/2018
• Essure Causes Fetal Deaths | 7/19/2018
• Essure Birth Control Removal Complications | 7/17/2018
• Choosing The Essure Birth Control Device Was Flawed Logic for Many | 7/12/2018
• Making Informed Essure Birth Control Decisions | 7/9/2018
• Stricter FDA Restriction Being Ignored by Physicians | 7/2/2018
• Essure Removal Presents Challanges and Difficulties | 6/28/2018
• Essure Warnings Spreading Throughout the World | 6/25/2018
• Essure Market Removal Remains Elusive | 6/21/2018
• Essure Causes Hundreds of Adverse Side Effects | 6/18/2018
• Some Doctors May Be Ignoring The FDA Essure Warning Requirement | 6/13/2018
• The Essure Birth Control Device Can Cause Permanent Sterility | 6/8/2018
• Family Planning Options Including Essure | 6/4/2018
• There Is More To Essure Than Convenience | 5/28/2018
• Essure Removal Complications | 5/23/2018
• Women Elaborate Their Essure Problems | 5/21/2018
• Essure Victims Lobby the FDA to Take Essure Off The Market | 5/16/2018
• Essure Side Effects and Removal of the Device | 5/11/2018
• Social Media Trumps the FDA Adverse Event Reporting System | 5/8/2018
• Changes to the Essure Product Description | 5/4/2018
• Permanent Birth Control Options For Women | 5/1/2018
• Family Planning Professionals Recommend Essure | 4/25/2018
• The FDA Requires a New and Improved Warning For The Essure Birth Control Contraceptive Device | 4/17/2018
• Essure's Fetal Deaths May Be Greatly Understated | 4/13/2018
• Essure Problems Posted on Facebook Group | 4/9/2018
• Bayer's Warning To Women About The Essure Device | 4/2/2018
• Essure Fails To Live Up To Its Promises | 12/29/2017
• Bayer Essure Warning May Have Come Too Late | 12/27/2017
• Essure Women Write About Their Experiences | 12/20/2017
• Essures Features and Drawbacks | 12/18/2017
• Consumer Reports Analysis of the Essure Birth Control Device | 12/15/2017
• Bayer Defends Essure Safety Record | 12/11/2017
• Essure Complaint Forums | 12/6/2017
• Leading Birth Control Options | 12/1/2017
• Women Organize To Alert Others of the Dangers of Essure Birth Control | 11/28/2017
• The FDA May Have Underestimated Essure-related Fetal Death Numbers | 11/22/2017
• Women Are Experiencing Essure Problems In Record Numbers | 11/15/2017
• Women Complain About Essures Adverse Side Effects | 11/7/2017
• The Essure Birth Control Device May Have Unwanted Side Effects | 11/1/2017

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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.