Essure Birth Control Lawsuit Overview

What Is the Essure Lawsuit?

Tens of thousands of women filed lawsuits against Bayer AG alleging that its Essure permanent birth control device caused severe complications including device migration, organ perforation, chronic pain, and the need for hysterectomy. Bayer paid $1.6 billion in 2020 to settle approximately 39,000 cases, though some claims remain active.

Essure is a permanent birth control device consisting of small metal coils inserted into the fallopian tubes. The coils were designed to cause scar tissue formation that would block the tubes and prevent pregnancy. Bayer removed Essure from the US market in 2018 following years of complaints and FDA action.

What Are the Problems with Essure?

Essure has been linked to numerous serious complications:

• Device migration — The coils move from the fallopian tubes to other parts of the body
• Uterine or fallopian tube perforation — The coils puncture organs
• Chronic pelvic pain — Persistent severe pain
• Heavy bleeding and irregular periods
• Need for hysterectomy — Complete uterus removal
• Allergic reactions — Particularly to nickel in the coils
• Autoimmune reactions
• Ectopic pregnancy — Pregnancies outside the uterus
• Unintended pregnancy — Despite the device
• Stillbirth and miscarriage
• Need for emergency surgery

What Are Plaintiffs Alleging?

The lawsuits alleged that Bayer:

• Knew about the high complication rates but failed to warn patients
• Misrepresented Essure as safer than other contraceptive options
• Concealed adverse event reports from the FDA and public
• Aggressively marketed Essure despite safety concerns
• Failed to adequately train doctors on proper insertion
• Continued selling despite mounting safety problems

Internal Bayer documents reportedly showed awareness of serious complications years before public warnings were issued.

The $1.6 Billion Settlement

In 2020, Bayer agreed to pay $1.6 billion to settle approximately 39,000 Essure cases. Key details:

• Average settlement was approximately $40,000 per plaintiff
• Settlement covered most pending cases at that time
• Bayer did not admit wrongdoing
• Some cases remain outside the settlement
• New cases continue to be evaluated

FDA Action and Removal

The FDA took several actions on Essure:

• 2002: Initial approval
• 2016: FDA required a "Black Box" warning — the strongest possible safety warning
• 2018: FDA restricted distribution to ensure proper patient counseling
• 2018: Bayer voluntarily removed Essure from the US market
• 2019: FDA stopped selling Essure entirely

Current Status of the Litigation

While the major settlement resolved many cases, the litigation is not entirely closed:

• Most cases settled in the $1.6 billion deal
• Some cases remain outside the settlement
• Women continuing to discover Essure-related complications
• State court actions remain in some jurisdictions

Why You May Still Have a Claim

Even with the major settlement, you may still have a viable claim if:

• You weren't part of the 2020 settlement
• Your complications were discovered after the settlement
• You had Essure removed and complications continued
• You have new injuries linked to the device

A free case review costs nothing. If you experienced Essure complications, an attorney can evaluate whether you may still have a viable claim.