As of 2015, five Essure lawsuits are still pending in the U.S. District Court, Eastern District of Pennsylvania, as detailed by the Southern Institute for Medical and Legal Affairs. Bayer HealthCare Pharmaceuticals, the owner of Essure since 2013, has asked that the claims be dismissed by the court.
The Essure birth control implant appeared in the public market in 2002 through the U.S. Food and Drug Administration’s premarket approval procedure, confirms the FDA. Because of this approval Bayer is shielded from liability lawsuits involving the use of the product, explains Drugswatch.com. The five pending lawsuits against Bayer aim to strip the company of this protection. As of November 2015, the FDA is conducting a series of investigations to examine the claims and other reports of Essure’s adverse effects. In addition to the pending lawsuits, the FDA has received over 5,000 reports of Essure’s negative side effects between 2002 and 2015, reports the Southern Institute for Medical and Legal Affairs.