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Infolawyer
Infolawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 49083
Experience:  Licensed attorney helping individuals and businesses.
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3 1/2 years ago, I had Essure implanted. Essure has caused

Resolved Question:

3 1/2 years ago, I had Essure implanted. Essure has caused so many problems for me including extremely heavy periods, blood clots during period, pain during intercourse, random stabbing pains in pelvis, etc. I have talked to my doctor multiple times and she refuses to believe Essure is the cause, but none of these symptoms started until after Essure was implanted. Im not after money, I just want the coils removed without having to have a hysterectomy.
Submitted: 7 months ago.
Category: Personal Injury Law
Expert:  Infolawyer replied 7 months ago.

INFOLAWYER :

Hello

INFOLAWYER :

Are you asking how to best pursue the claim?

INFOLAWYER :

You may want to reach out to the company, under threat of lawsuit and demand both the corrective work and refund of all monies paid.

INFOLAWYER :

It can help to have the demand come on lawyer stationary to add leverage

INFOLAWYER :

You can also lodge a complaint with the state attorney general office.

Customer:

I want to have my removal paid for. The fda approved the device under a class that prevents the makers of being sued.

INFOLAWYER :

It may not be sued for any reason?

INFOLAWYER :

even where causes you injury and you can show it?

INFOLAWYER :

As a general rule, such a limitation would not be issued

INFOLAWYER :

You may want to have a lawyer reach out to get the services performed

INFOLAWYER :

which is a reasonable resolution

Customer:

The makers, conseptus/Bayer, are not able to be sued for defects of the product. Im not sure why, this is just how the FDA approved it. No long term studies have been done on Essure, so there is no proof that Essure is causing the problems.

INFOLAWYER :

You would not sue for defect but on theory of negligence

INFOLAWYER :

and would seek from seller damages

INFOLAWYER :

and may pursue to have it removed.

INFOLAWYER :

I would again suggesting lawyer reaching out for a meeting

INFOLAWYER :

and working out a settlement out of court

INFOLAWYER :

to have that done

INFOLAWYER :

which it should accept.

INFOLAWYER :

would you like a directory for that purpose?

Customer:

Im not really sure how to do all this. Is there a way to create a class action lawsuit? I am not the only woman suffering because of Essure.

INFOLAWYER :

You would contact a lawyer who would reach out to them to settle

INFOLAWYER :

based on your specific facts

INFOLAWYER :

rather than a class action

INFOLAWYER :

martindale.com is a good way to do it

INFOLAWYER :

and find a local personal injury lawyer to pursue it

INFOLAWYER :

The lawyer can work on contingency

INFOLAWYER :

which as you may know means the lawyer is paid out of the final recovery

INFOLAWYER :

so you have no downside

INFOLAWYER :

Let me know if that is clear and helpful.

Customer:

Currently, we CANNOT sue to the manufacturer because Essure is classified as a class three device by the FDA and qualifies for preemption which bars law suits being brought against the manufacturer.

Customer:

I got this off the website. Do I still have options?

Customer:

With this classification, do I have a claim?

Customer:

Hello??

INFOLAWYER :

Hello

Customer:

Are you still there???

INFOLAWYER :

I am here

INFOLAWYER :

You can still pursue a claim

INFOLAWYER :

but it is more difficult

INFOLAWYER :

where lawsuits are barred

INFOLAWYER :

you can do it on alternate theory such as negligence

INFOLAWYER :

and as I mentioned rather than suing try to negotiate with management

Customer:

So would I go after the maker, or implanting doctor?

Customer:

So try to negotiate with the makers?

INFOLAWYER :

the doctor

INFOLAWYER :

the doctor is the one who placed it

INFOLAWYER :

and potentially was negligent

INFOLAWYER :

and against whom there is no waiver of claims or bar of claims

INFOLAWYER :

that is the better route

INFOLAWYER :

Is that clear?

INFOLAWYER :

I wish you a pleasant labor day weekend

Customer:

Yes. Thank you!

INFOLAWYER :

Very welcome

INFOLAWYER :

Have a nice weekend

INFOLAWYER :

Kindly click on an excellent rating

Customer:

You too

INFOLAWYER :

thank you

Infolawyer, Attorney
Satisfied Customers: 49083
Experience: Licensed attorney helping individuals and businesses.
Infolawyer and 4 other Personal Injury Law Specialists are ready to help you

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