ST. LOUIS — Women are suing the makers and distributor of Essure, citing alleged design defect and unjust enrichment.
Rachael Johnson, Marie Collins Hughes, Tonya Patterson, Brandy Shatswell, et al. filed a complaint in the St. Louis 22nd Judicial Circuit Court against suing Bayer Corp.; Bayer Healthcare LLC; Bayer Essure Inc., formerly known as Conceptus Inc.; and Bayer Healthcare Pharmaceuticals Inc., alleging the defendants made false and fraudulent pretenses, representations and concealed material facts regarding the harmful effects of the Essure.
According to the complaint, the plaintiffs allege that on Nov. 4, 2002, Essure was approved by the Food and Drug Administration (FDA) as a safe permanent birth control and not intended to be removed. While using Essure, the plaintiffs reported complaints of side effects, including chronic pain, hemorrhaging and other complications that required operation and tubal ligation. They claim the device leads to more complications than other permanent birth control methods.
The plaintiffs allege the defendants failed to report, document or follow-up on the known complications and concealed adverse event, known effects, serious increased risks, dangers and complications when using the birth control device. They also alleged the defendants failed to satisfy FDA and PMA requirements while marketing the product.
The plaintiffs request a trial by jury and seek judgment for compensatory, specific, punitive, exemplary damages; pre- and post-judgment interest; attorneys' fees; costs and other relief the court deems proper. They are represented by Eric D. Holland and Seth R. Crompton of Holland Law Firm in St. Louis and Lewis O. Unglesby, Lance C. Unglesby and Adrian M. Simm Jr. of Unglesby + Williams in New Orleans.
St. Louis 22nd Judicial Circuit Court case number 1722-CC10916