Pharmaceutical Company Bayer Faces Class Action Lawsuit over Implanted Birth Control Device
Several lawsuits have been filed recently that allege permanent or semi-permanent birth control devices are causing medical problems among women who have had them implanted. A recent news article discusses a lawsuit that has been filed against the Bayer Corporation regarding their product Essure, which is a permanent device consisting of spring-like metal coils that are intended to be placed in the fallopian tubes to prevent fertilization and pregnancy. The most recent Essure lawsuit was filed in November 2015 and alleges that the metal coils caused adverse events, including the perforation of the uterus and fallopian tubes, device migration, persistent and severe pain, and the need for abdominal surgeries and hysterectomies in several patients who used the device.
Medical Device Manufacturers and Doctors Have a Duty to Warn of Side Effects
Drug and medical device manufacturers have a duty to warn patients of all material and foreseeable risks that could arise from using their products. These warnings are generally placed on a label or insert that is included with the product or given to the patient prior to having a procedure performed. A failure by a manufacturer to properly warn patients of known side effects (or adverse effects of which the manufacturer should have known) can result in the manufacturer being held responsible for the adverse effects through a medical device product liability lawsuit.
Doctors who suggest or prescribe medical devices may also be held accountable for adverse effects on a patient that are caused by the device if they fail to discuss the possible known side effects. This is especially true with medical devices that are surgically implanted because the patient will primarily rely on a medical professional’s in-person advice, and the patient may not even be aware of additional warnings on the package inserts or handouts if the doctor does not discuss them with the patient before undergoing a procedure. Medical providers and hospitals may also be liable for medical malpractice if a procedure is performed on a patient who has an existing health condition that should make them ineligible for such a procedure, or in instances in which a procedure is performed incorrectly.
FDA Recommends Bayer Include Additional Warnings on Essure Packaging
According to the report on this most recent implanted birth control liability lawsuit against Bayer, the FDA has recommended that the packaging be altered to indicate to patients the risks of the adverse events that are being experienced. This recommendation has come after several suits have been filed and over 10,000 complaints received in the United States alone. Despite the safety issues concerning Essure, Bayer is continuing to market the product. As the knowledge of these issues becomes more widespread, the responsibility of medical professionals to warn their patients about possible adverse effects may increase. If you or a loved one has experienced adverse effects from an Essure birth control device, or been injured by any other implanted medical device, you should contact a Maryland medical device product liability attorneys.
Contact Us for a Free Consultation
The Maryland and Washington, D.C. medical malpractice attorneys at Wais, Vogelstein, Forman & Offutt are experienced in representing clients in medical device product liability litigation, birth injury lawsuits, and other medical malpractice claims. Our dedicated Maryland medical malpractice lawyers can help you pursue the justice that you deserve, and with a free consultation and case review, it will cost you nothing to see if you could have a viable claim. Contact the qualified Maryland and D.C. birth injury attorneys at Wais, Vogelstein, Forman & Offutt today. Call us at (410) 567-0800 or contact us through our website to schedule a risk-free consultation.