Home Class Action Lawsuits Essure Lawsuit Update September 2022 – Forbes Advisor

Essure Lawsuit Update September 2022 – Forbes Advisor

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You may be eligible to file an Essure lawsuit if you or a loved one had an Essure device implanted and you or they experienced serious complications including but not limited to pain, an unplanned pregnancy, perforated organs, stillbirth, ectopic pregnancy or the death of your loved one.

In order to be eligible to file an Essure lawsuit, you must have clear evidence of a condition related to the permanent birth control. You must also have supporting documentation showing the use of the device was likely the cause of the health complications.

How Long Do I Have to File an Essure Lawsuit?

In August 2020, Bayer entered into a $1.6 billion settlement to resolve most Essure claims. The settlement was expected to resolve around 90% of the 39,000 cases that had been filed at the time.

If you have not yet taken legal action and were not part of the settlement, it may not be too late to act. However, you will need to determine if your case is still within the statute of limitations.

The deadline when the statute of limitations runs out can vary depending on the type of claim you are bringing and where you live. For example, in many states, there is a two year statute of limitations for product liability claims so you must file your case within two years from the date of injury. If you do not file a case within the statute of limitations, your claim is time barred and you can no longer pursue legal action.

There are exceptions to this limit if you discover the injury later due to fraudulent concealment. It is possible that plaintiffs could allege that they were unaware Essure caused them harm due to Bayer hiding adverse event reports. Plaintiffs would need evidence that this fraudulent concealment impacted their ability to understand the cause of their injuries.

Because the rules vary, the best way to determine if you are still eligible to file an Essure lawsuit is to talk with an experienced product liability lawyer about your options.

Who Can I Sue for Essure Complications?

Conceptus was the original manufacturer of the drug. Bayer purchased Conceptus in 2013, which has resulted in Bayer Pharmaceuticals becoming liable for damages caused by Essure.

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