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Be Heard. Help Other Women.
Get the Compensation You Deserve.
In September 2023, a Group Litigation Order (GLO) was approved by the President of the King’s Bench Division in the Essure claim against Bayer. Hundreds of women who suffered years of medical problems because of the device can now progress their claims through the civil court system.
We are helping hundreds of women bring a claim against the manufacturer
Essure, manufactured by Bayer HealthCare, is the only non-surgical permanent form of birth control for women in the UK. Made of a metal coil and plastic PET fibers, the device is known to slice through the uterus and fallopian tubes, migrate into the pelvis or abdomen, and cause allergic and autoimmune reaction to the materials, maiming thousands of women.
Left in crippling pain and facing limited treatment options, many women have had to endure multiple surgeries to remove Essure, a complex procedure that often calls for a total hysterectomy in order to remove the tiny metal fragments that break off from the device.
We believe you and know your pain is real.
For far too long women’s pain has been ignored and dismissed by the medical profession whilst women in the UK continued to receive Essure implants.
The Essure claim
Essure is a permanent sterilisation process which is different than a coil, hormonal intrauterine device (IUD) or Filshie clip. The Essure device has springs which are placed into both fallopian tubes to create a barrier, or scarring. This is caused by pet fibres within the Essure coils or springs.
Unlike other methods, Essure is normally fitted whilst a patient is awake. Unfortunately, we are unable to claim on your behalf if you were fitted with any other type of device except Essure.
If someone is unsure about which method was used, they can contact their GP or the hospital that carried out the process.
Why is Pogust Goodhead bringing this claim?
Conceptus, who developed Essure and was later acquired by Bayer, failed to properly research, design and test Essure and then sold this unreasonably dangerous device without adequately warning women and the medical community about its risks. In the UK and around the world, thousands of women have been harmed as a result.
Pogust Goodhead is committed to seeking justice for these women.
Unfortunately the deadline for signing up to this group action has now passed, and we are unable to add anyone else to the claim.
Common side effects as a result of your Essure implant:
- Device migration with associated complications including bladder, bowel and urinary problems
- Pain, including chronic pain
- Abnormal bleeding
- Inability to tolerate the device
- Allergic or hypersensitivity reaction
- Device breakage during removal
- Dyspareunia
- Perforation of the uterus or other structure
- Psychological issues
- Surgery to remove the device including associated complications
Why choose Pogust Goodhead?
We are dedicated to amplifying your voice and championing you
We have assembled a powerful team of the UK’s leading solicitors and barristers reinforced with the financial resources and tested expertise of American class action lawyers to ensure that your case is aggressively litigated against Bayer.
We are passionate about winning this group action! Pogust Goodhead’s American partners currently represent over 1,500 women in the United States who have received Essure implants and have already won over $1 billion of compensation for consumers in similar cases.
We operate on a no-win, no-fee basis, and unlike other law firms, we cap our fees and aim to secure the maximum compensation owed to you for your pain and suffering and financial losses.
Unfortunately the deadline for signing up to this group action has now passed, and we are unable to add anyone else to the claim.
Join our Essure support group on Facebook
Join with Jan and hundreds of other ladies in the UK and Ireland who have are helping each other through the challenges of Essure.
We support each other everyday through the highs and the lows both online and through our regular meetups around the UK.
How much compensation could our clients receive?
Pogust Goodhead understands that no amount of money can repair bodies, broken families or the loss of loved ones that has resulted from Essure complications. In many cases, compensation can pay for the extensive treatments and multiple repair surgeries needed to survive and improve your quality of life. For many of our clients, compensation is more than money: it’s public vindication that the medical community should have listened to you and taken your concerns seriously. It’s a way to hold Essure’s manufacturer to account and save other women from being harmed in the future.
We have litigated thousands of similar cases in the USA and have secured compensation for our clients for the following:
- Medical expenses, including surgery to remove the implant
- Loss of wages
- Pain and suffering
- Lower quality of life
- Loss of consortium (loss of marital relations)
We are committed to achieving the same levels of maximum compensation for our clients.
Reasons to take action
Be Heard
Join thousands of other women to stand against Essure’s manufacturer and let your voice be heard.
Raise Awareness
Help other women learn about the dangers of Essure.
Financial Gain
Receive compensation for your pain and suffering, medical expenses, and loss of wages.
We Make It Simple
We will ensure that the process is simple and straightforward.
The Essure scandal
Currently in the US, Bayer is facing over 16,000 lawsuits filed by women who experienced injuries and complications from Essure implants. Despite 30,000 patients reporting problems about Essure to the FDA, the pharmaceutical company is staunchly defending itself against allegations that it intentionally misled women and actively concealed negative reports about the device from the FDA.
While Bayer voluntarily withdrew sales of Essure from the UK market in September 2017, neither it nor the Medicines and Healthcare Products Regulatory Agency (MHRA) has issued a recall of the device. Sadly, this means more women can receive an Essure implant from already sold stock.
Shockingly, Essure was approved in 2002 with little testing, shepherded in a fast-track FDA approval process by a company executive who also served on the FDA panel responsible for reviewing the safety and efficacy of contraceptive devices. Required to conduct a 5-year follow-up study after Essure’s approval, Bayer was 8 years late in publishing its finding and only 70% of participants had been tracked.
In another example of profit over patient safety, Essure’s labelling was changed so that doctors would no longer be required to test women for nickel allergies and could still offer Essure to women allergic to nickel. Approximately 55% of the Essure is made of nickel and 20% of women have nickel allergies.
Even when Essure’s labelling was modified again in 2016 to include a Black Box Warning (the most serious warning label that can be placed on a medical device), it made little difference in forewarning women of the risks of Essure since many patients are not provided with Essure’s packaging. Moreover, the Patient Decision Checklist, crafted to ensure informed consent, was never mandated until after Essure was pulled from the UK market.
The depth and breadth of this scandal is truly appalling:
NOVEMBER 4, 2002
FDA fast-tracks the application, granting Essure developer, Conceptus approval to market the device in the US.
2009
Essure first marketed in the UK.
2013
Bayer acquires Conceptus for $1.1 billion.
2014
First lawsuit filed against Bayer with allegations that the pharmaceutical company intentionally misled women implanted with Essure and actively concealed negative reports about the device from the FDA.
SEPTEMBER 2015
FDA holds first public hearing on Essure after receiving 5,000 adverse event reports on the device.
FEBRUARY 2016
FDA orders Bayer to a post-market surveillance study to investigate the safety and efficacy of Essure.
END OF 2016
FDA reports sales of Essure plummeted by 70% after implementation of Black Box Warning.
NOVEMBER 2016
Bayer adopts the FDA’s recommendations and adds the boxed warning and patient checklist to Essure labelling, however, not all doctors opt to ask patients to sign the Patient Decision Checklist since it is not mandatory.
MAY 29, 2017
Bayer announces withdrawal of Essure from the Netherlands market with the discontinuation for sale and distribution effective July 1, 2017.
FEBRUARY 20, 2017
Brazil bans the sale and distribution of Essure and issues a recall of all devices.
JUNE 16, 2017
Bayer announces withdrawal of Essure from the Canada market over the course of following few months.
MAY 31, 2017
Bayer announces withdrawal of Essure from the Finland market with the discontinuation for sale and distribution effective June 25, 2017.
SEPTEMBER 1, 2017
Bayer voluntarily ends non-US sales of Essure.
AUGUST, 2017
European Union suspends sales of Essure in the 28-nation bloc for three months from August in response to regulatory concern. The EU’s suspension means that while the sale of Essure is banned, already-sold implants in the supply chain could still be administered by doctors. UK hospitals urged to avoid using the device.
APRIL 2018
FDA, in a partial reversal of its October 2016 decision, makes Patient Decision Checklist mandatory for all doctors.
END OF 2017
FDA receives nearly 26,773 complaints about Essure from US patients from 2002 through 2017. Bayer has also independently received over 30,000 complaints about the device.
2018-PRESENT
Essure lawsuits continue to be filed globally with over 16,000 in the US alone. Pogust Goodhead (was PGMBM) brings its expertise to the UK to help women globally get justice and the compensation they deserve.
JULY 20, 2018
Bayer announces it will no longer distribute or sell Essure in the US beyond December 31, 2018, citing it as a “business decision” spurred by a 40% drop in US sales in recent years. However, doctors will still be able to perform Essure procedures in the US throughout 2019, until they are asked to return unused devices at the end of the year.
2023
Group Litigation Order (GLO) is granted by UK Court, giving around 200 women the go ahead to proceed with their case. The cases are valued in excess of £10million.
Essure manufacturer's guilt
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If Bayer knows the irreparable harm and permanent side effects that Essure complications cause, why does the company continue to deny women compensation?
FAQs
A. Sadly, unless you have had removal surgery, or been recommended for removal surgery by your doctor, you won’t meet the eligibility criteria to make a claim.
A. There have not yet been any major verdicts or settlements in Essure lawsuits against the manufacturer, Bayer HealthCare. However, if you have experienced complications, you may be able to make a claim. The level of compensation you may receive can vary based on a number of factors, including:
- How long you suffered severe side effects of the Essure implant
- The severity of the side effects you’ve experienced
- Medical costs of treatment to resolve or manage these side effects
- Loss of wages due to inability to work as a result of medical problems related to the device
Unfortunately the deadline for signing up to Pogust Goodhead’s group action has now passed, and we are unable to add anyone else to the claim.
A. Essure lawsuits are complicated, especially since there have not yet been any major decisions in these cases. If you are thinking of filing a claim, then you need an experienced lawyer who understands the medical issues associated with your case, as well as how to navigate the legal challenges in complex medical device litigations. Our lawyers can handle all aspects of filing and fighting your case so that you can concentrate on your health and your family.
Unfortunately the deadline for signing up to Pogust Goodhead’s group action has now passed, and we are unable to add anyone else to the claim.
A. Probably not. If Essure’s manufacturer insists on defending the case all the way to trial, then a handful of claimants will be selected out of the thousands who we believe will participate in the action in order to give evidence. Anyway, going to court is nothing to be afraid of– Bayer is in the wrong!
There are no upfront costs when signing up with Pogust Goodhead.
We accept* instructions on a No-Win, No-Fee basis. This means that you will not have to pay any of our costs unless and until your case is successful (as long as you comply with your obligations) and we obtain compensation for you.
Under the terms of this agreement, you will only be liable to pay our fees and expenses, as well as those of barristers, funders and insurers (if applicable), if the case is successful. The exact amount you will pay will depend upon how long the case takes, how much time we need to spend on it, and the level of compensation obtained.
Unlike some other firms, we cap our deduction from your damages at a maximum of 35%, inclusive of VAT, of the compensation you receive.
Additionally, your case is protected by Qualified One-Way Costs Shifting (“QOCS”). This means that if your case is unsuccessful the defendants will not be able to recover their costs from you. Please note that QOCS can be disapplied if the claim if found to be fundamentally dishonest, or is struck out for having no reasonable grounds for being brought. In those circumstances the defendants would be entitled to recover their costs from you.
Unfortunately the deadline for signing up to Pogust Goodhead’s group action has now passed, and we are unable to add anyone else to the claim.
*Eligibility criteria apply
A. The timeline of an Essure lawsuit will depend on a variety of individual factors unique to the case. All of the lawyers in the action are committed to obtaining compensation on your behalf as quickly as possible. We are currently investigating cases involving women who had Essure removed or were advised to have it removed due to complications, and are committed to fighting for our clients throughout the litigation process.
As Essure’s manufacturer, Bayer Healthcare is one of largest and richest companies in the world, however, it may be necessary to take them to court. If a quick settlement is achieved, you may receive your compensation in the next six months, but if Bayer chooses to continue to fight, it could take two to three years
A. In September 2017, Bayer announced it was ending non-US sales of Essure, including in the UK. If you currently have an Essure implant and are experiencing serious side effects, speak with your doctor about your options.
A. Essure is a device sold as a permanent, non-surgical birth control solution for women. First approved for use by the FDA in the US in 2002, the sterilization procedure permanently prevents a woman from being able to conceive. Essure is a pair of metal and fiber coils that are inserted into the fallopian tubes by a healthcare provider. After a three-month period, scar tissue forms around the coils of the implant, creating a barrier that prevents sperm from reaching the eggs. Essure was initially manufactured by Conceptus, Inc., which was later bought by Bayer HealthCare in 2013, but has spawned increasing reports of dangerous side effects associated with the device.
A. Despite the many health risks associated with Essure, neither Bayer nor the Medicines & Healthcare Products Regulatory Agency (MHRA) has issued a recall of the device. On September 1, 2017, however, Bayer announced that it would voluntarily withdraw Essure from all non-US markets.
A. A recall occurs when a medical device regulatory agency or a company determines that a product, such as a medical device like Essure, contains defects or risks that outweigh the device’s supposed benefits. During a recall, the manufacturing company must proactively inform consumers of the dangers and take steps to recover all unused products from the market.
In the case of Essure, Bayer voluntarily removed the device from the UK market in September 2017. The company cited declining sales after the Black Box Warning as the reason for this decision. This means there will be no new Essure devices pushed out onto the market.
A. According to Bayer, Essure is not an intrauterine device (IUD) because Essure is intended to be permanent. Essure was not designed for removal, and the sterilization process is generally irreversible. IUDs are birth control devices that are designed to be removed.
A. According to Bayer, the Essure birth control implant is intended to be permanent. Therefore, Essure reversal generally requires invasive surgery, and these procedures can be risky. The coil implants are fragile and may break during the removal process. As a result, tiny metal fragments may remain in the uterus and/or fallopian tubes after device removal. These fragments may migrate to other areas of the body as well, causing serious issues. In some cases, women experience such intense complications that a total hysterectomy is necessary.
A. Your claim will likely be brought as part of a Group Litigation Order (a “GLO”) which is the mechanism by which the courts in England and Wales manage thousands of cases which are all brought together at the same time.
Unfortunately the deadline for signing up to Pogust Goodhead’s group action has now passed, and we are unable to add anyone else to the claim.
A. The Consumer Protection Act 1987 and the Law of Negligence.
A. No. We will arrange all necessary insurance and funding on your behalf.
Unfortunately the deadline for signing up to Pogust Goodhead’s group action has now passed, and we are unable to add anyone else to the claim.
A. Essure’s manufacturer, Bayer HealthCare is one of the largest companies in the world with unlimited resources to spend to seek to prevent you from receiving your compensation. Millions of pounds of funding and insurance is, therefore, necessary in order to be able to bring the action against them.
A. Yes, if you work for Essure’s manufacturer and have or previously had an Essure implant, you may be eligible to make a claim.
Unfortunately the deadline for signing up to Pogust Goodhead’s group action has now passed, and we are unable to add anyone else to the claim.
A. You won’t be able to join the Group Litigation in England and Wales.
Unfortunately the deadline for signing up to Pogust Goodhead’s group action has now passed, and we are unable to add anyone else to the claim.
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