ST. LOUIS — Women are suing the makers and distributor of Essure, citing alleged design defect and negligent misrepresentation.

Nedra Dyson; Angel Walls; Jessica Huston; Emily McLaughlin, et al. filed a complaint in the St. Louis 22nd Judicial Circuit Court against Bayer Corp.; Bayer Healthcare LLC; Bayer Essure Inc., formerly known as Conceptus Inc.; Bayer Healthcare Pharmaceuticals Inc. and Bayer A.G., 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 organ perforation, allergic reactions and persistent pain, and the fact that surgery would be required to remove the device, the suit states. They claim the device leads to more complications than other permanent birth control methods. 

The plaintiffs hold the defendants responsible because they allegedly 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 allege the defendants failed to satisfy FDA and premarket approval requirements while marketing the product.

They are represented by Wells T. Watson and Jeffrey T. Gaughan of Baggett, McCall, Burgess, Watson & Gaughan in Lake Charles, Louisiana, and Richard J. Arsenault of Neblett, Beard & Arsenault in Alexandria, Louisiana.

St. Louis 22nd Judicial Circuit Court case number 1722-CC11267

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