Considered an option for permanent sterilization, the contraceptive device known as “Essure” has been on the market for several years. It was originally developed and sold by Conceptus, Inc., but that company has since been acquired by Bayer. According to the U.S. Food & Drug Administration, there have been a number of complaints filed by users of Essure, including allegations of Essure-related deaths and serious injuries. Product liability litigation is rapidly developing across the country, including in the Carolinas. The North Carolina and South Carolina Essure injury lawyers at Grimes Teich Anderson are currently reviewing possible claims related to this medical device.
Product liability claims, like other civil lawsuits, must be filed in a timely fashion in order to be considered by the courts. The statute of limitations for a particular claim is decided according to state law, with some states also having a statute of repose in place that could further limit a claimant’s time to take action. For example, if a given state has a three-year statute of limitations for product liability claims but a 12-year statute of repose that is calculated from the first sale of the product for consumer use, the injured individual must file his or her claim within the shorter of these two applicable deadlines. An Essure injury attorney in North Carolina or South Carolina can help you calculate the limitations period for your case and file the necessary paperwork to get your claim started.Possible Claims and Possible Defendants in Essure Litigation
Medical device product liability litigation proceeds in much the same way as product liability lawsuits arising from non-medical products, but there can be some key differences. Although procedural matters, such as when and where a claim must be filed, are the same regardless of the type of product, a medical device case may also involve a medical malpractice claim. This is not always so, since liability for a defectively designed or negligently manufactured medical device may remain only with the manufacturer, wholesaler, or seller in some instances. Nevertheless, it is likely that expert testimony from a qualified medical doctor or other health care professional will be required at some point in a medical device product liability lawsuit, including a case filed as a result of an injury or death allegedly caused by Essure. A North Carolina or South Carolina Essure injury attorney can retain experts on your behalf.
Essure has been marketed as a safe, effective method of sterilization. Usually implanted in a doctor’s office rather than a hospital, the device is a popular alternative to tubal ligation for women who consider their families to be complete and do not wish to have additional children in the future. Unfortunately, many of the complaints against Essure suggest that it is neither safe nor effective for some women. Unplanned pregnancies have been reported at a rate much higher than the manufacturer originally claimed was likely, and injuries such as perforations of the fallopian tubes have been reported. In some cases, hysterectomies, other invasive medical procedures, and even death have been alleged.Hire an Essure Injury Lawyer in North Carolina or South Carolina
For patients who are able to make out a viable claim, substantial money damages may be available. However, the burden of proof in a defective product case is on the person making the claim. Product injury cases thus must be thoroughly investigated and zealously litigated, since the manufacturers and sellers of even obviously dangerous products may fight hard against a finding of liability in court. At Grimes Teich Anderson, our product liability lawyers are here to help victims file a claim against the makers of Essure, seeking fair compensation for what they have gone through. We represent people throughout North Carolina and South Carolina, including in Asheville, Franklin, Rutherfordton, Waynesville, Spruce Pine, Greenville, Spartanburg, and Gaffney. If you believe that you may have a claim based on Essure or another medical device, such as transvaginal mesh, call us at 800.533.6845 or contact us online for a free consultation about your potential claim.