Essure Class Action Lawsuits

As of late May, there have been no reports that an Essure Class Action lawsuit is presently pending nor that one is currently being actively pursued. It also doesn’t appear that more multidistrict lawsuits are coming to the market any time soon either. This is good news for those who have invested in these expensive IVF treatments, and it’s especially good news for women who wish to pursue a personal lawsuit against their former doctor. Now, however, there appears to be a potential problem. While lawsuits in general do not sit very well with the court system, Essure lawsuits appear to have a track record of not following the legal procedures that they are supposed to.

The Essure Medical Device Company was recently purchased by private medical equipment company Equinex N.V.

The purchase was done in order to provide the company with additional resources to deal with the rising number of Essure claims that were filed in both state and federal court systems. However, some say this is the reason why there appears to be more Essure Class Action lawsuits being filed than ever before. Why is this so?

It should be noted that Essure Class Action lawsuits are typically filed in either state or federal court.

It is usually up to the courts if the procedure can be carried out in either the state or federal courts. In some cases, Essure implants lawsuits have been filed in both federal and state courts, but the lawsuits ultimately failed. So why do people file these lawsuits in both venues? Why don’t judges simply allow the Essure implants procedure to go through regardless of how many or few complaints may have been filed?

Well, the answer to that question is complicated.

For starters, because Essure is a permanent vaginal insert, it is likely that at least a portion of the women who have undergone the Essure procedure have filed at least one or more claims against the company for complications arising from the Essure implant. For the medical system, these claims are extremely difficult to deny. They can only be denied based on what the company is legally allowed to deny. Simply put, the medical system makes it a point to follow the law where there are complications, such as when an injection of insulin causes a complication that leads to diabetes. The Essure company would not be allowed to go back and ask the courts for an explanation after their injection of insulin caused a diabetic coma.

However, in this Essure Class Action Lawsuit, plaintiffs have alleged that there has been a myriad of problems with the Essure sterilization process which has led to a significant increase in the number of complications leading up to the surgery.

The plaintiffs also claim that because the manufacturer of Essure negligently advertises that the procedure is 100% effective and safe, and that the company is therefore liable for all of the injuries and damages that have resulted from the Essure sterilization process. While no court decisions have been issued relating to the merits of these lawsuits, a class action suit was recently filed against the Essure sterilization company by the Southern District of Florida. These lawsuits claim that the company was aware that there was a high risk of complications with Essure but refused to change the method of sterilizing the women. Additionally, some plaintiffs have filed lawsuits against the company charging they were forced to undergo additionalEssure surgeries in order to make payments on the original surgeries which ultimately bankrupted them. A class action lawsuit against the Essure sterilization process has also been filed in California.

Based on these lawsuits, the courts have ordered both the Essure and the manufacturer to pay out for medical expenses and losses which have resulted due to these lawsuits.

In addition, the courts have ordered the companies to pay punitive damages and interest costs which are believed to be excessive by the courts. The manufacturers have appealed the district court’s decision to the superior court. If the superior court agrees with the lower court then the lawsuits will move forward to the next level of court.

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