Victims of Essure birth control implant injuries may soon get the compensation they deserve. Manufacturer Bayer has indicated it is making progress in settlement talks with plaintiffs’ lawyers, and that it has set aside $1.47 billion for potential settlements involving approximately 32,000 lawsuits pending around the country.

Essure is a form of permanent birth control that Bayer sold from 2002 through 2018, after which the company stopped distributing the product in the U.S. because of restrictions implemented by the U.S. Food and Drug Administration (FDA).

Bayer Considering Settlements, but Maintains Essure is Safe
As of July 24, 2020, Bayer faced roughly 32,000 lawsuits filed by Essure users claiming to have suffered from serious injuries caused by the birth control device, including hysterectomy, pain, bleeding, perforation, unwanted pregnancy, and more. The plaintiffs seek both compensatory and punitive damages.

Bayer recently indicated in its second-quarter results announcement that it had seen progress in recent settlement talks: “Recently discussions on potential settlements have intensified which made good progress in recent weeks.” The company added that it continues to “support the safety and efficacy of the Essure device and are prepared to vigorously defend it in litigation.”

In August 2020, Bayer announced it would pay $1.6 billion to end virtually all of the U.S. Essure lawsuits involving women who claimed the birth control device caused serious health complications. The Essure settlements will resolve about 90 percent of the nearly 39,000 claims. Bayer had stopped selling Essure in 2018 but did not recall the device.

Thousands of American women filed lawsuits against Bayer after they say Essure caused devastating side effects and ruined their lives. Lawsuits say Bayer failed to report serious side effects such as perforated organs and broken devices to the U.S. Food and Drug Administration and to the public.

For many women, Essure side effects started immediately after implantation. In lawsuits, some say their devices moved out of the fallopian tubes and cut into nearby organs. Others say their device broke into pieces and wreaked havoc on their bodies.