If you have suffered serious injury from Essure coils, you need to speak with an experienced attorney now. At Isaacs & Isaacs personal injury law firm, we are determined to hold medical device manufacturers accountable to the limit of the law for the suffering and pain they cause everyday people who trust them with their health. We have recovered millions for victims of bad medical devices. Because time is crucial in investigating and filing these lawsuits, we are on call 24/7 to assist victims rapidly. Call 800-800-8888 or fill out our form now to speak with a compassionate Isaacs & Isaacs Essure lawsuit attorney.
What Is Federal Preemption, and How Could Medical Device Manufacturers Hide Behind It?
Federal preemption is based on the United States Constitution’s Supremacy Clause that states that U.S. law is the supreme law of the land and overrules any conflicting state law. Federal preemption as it applies to medical devices refers to the Medical Device Act of 1976, which granted the Food and Drug Administration the authority to regulate medical devices. States cannot require medical devices to meet additional or different standards than those imposed by FDA oversight. However, the Medical Device Act only applies to Class III devices, which are presumed to adhere to the rigorous FDA standards for premarket approval.
Essure is an FDA Class III medical device; therefore, it has been extremely difficult for victims who have been harmed by Essure to recover compensation by bringing tort actions in state court. Last March, Judge John R. Padova, a federal judge in the Eastern District of Pennsylvania, allowed five Essure lawsuits to move forward against Bayer on limited grounds. The complaints alleged:
- The device migrated from the fallopian tubes to the uterus, rectum or colon
- In four cases, removal of the device required hysterectomy
- In the fifth case, the fallopian tubes were removed after bearing a baby with birth defects
Other injuries the five victims suffered included:
- Severe pain
- Hair loss
- Eyesight problems
- Fainting spells
The above are just some of the Essure side effects these five women experienced.
Judge Padova granted permission to the plaintiffs to revise their complaints and move forward on:
- Negligent training
- Negligent risk management
- Breach of express warranty
- Fraudulent misrepresentation
- Negligent manufacture
Essure Lawsuits Are Allowed in California
Since this victory for Essure plaintiffs in federal court, cases have moved forward in state courts and are snowballing. On August 2, in California Superior Court, Alameda County Judge Winifred Smith allowed 11 suits filed by 14 women against Bayer to move forward.
A recent California Supreme Court ruling broadened the right to sue companies that do business nationwide in California courts. The ruling led many plaintiffs against Bayer to file their cases in California. Most recently, a California judge granted a motion coordinating 55 cases involving over 900 women who have suffered serious injuries from Essure implants. Some of these plaintiffs are from other states.
Isaacs & Isaacs Essure Attorneys Will Help You Recover Just Compensation for Essure Injuries
The Essure lawsuits may be the beginning of the end for medical device manufacturers who escape liability for serious injuries their products cause thousands of people. If you have suffered serious injury from Essure implants, call Isaacs & Isaacs hotline at 800-800-8888 or fill out our form now for a no-obligation consultation with an Issacs & Isaacs personal injury lawyer.