Personal Injury Law
Personal Injury Law Question? Ask Personal Injury Lawyers.
Are you asking how to best pursue the claim?
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.
It can help to have the demand come on lawyer stationary to add leverage
You can also lodge a complaint with the state attorney general office.
I want to have my removal paid for. The fda approved the device under a class that prevents the makers of being sued.
It may not be sued for any reason?
even where causes you injury and you can show it?
As a general rule, such a limitation would not be issued
You may want to have a lawyer reach out to get the services performed
which is a reasonable resolution
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.
You would not sue for defect but on theory of negligence
and would seek from seller damages
and may pursue to have it removed.
I would again suggesting lawyer reaching out for a meeting
and working out a settlement out of court
to have that done
which it should accept.
would you like a directory for that purpose?
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.
You would contact a lawyer who would reach out to them to settle
based on your specific facts
rather than a class action
martindale.com is a good way to do it
and find a local personal injury lawyer to pursue it
The lawyer can work on contingency
which as you may know means the lawyer is paid out of the final recovery
so you have no downside
Let me know if that is clear and helpful.
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.
I got this off the website. Do I still have options?
With this classification, do I have a claim?
Are you still there???
I am here
You can still pursue a claim
but it is more difficult
where lawsuits are barred
you can do it on alternate theory such as negligence
and as I mentioned rather than suing try to negotiate with management
So would I go after the maker, or implanting doctor?
So try to negotiate with the makers?
the doctor is the one who placed it
and potentially was negligent
and against whom there is no waiver of claims or bar of claims
that is the better route
Is that clear?
I wish you a pleasant labor day weekend
Yes. Thank you!
Have a nice weekend
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