Essure Birth Control Lawsuit: Who Qualifies, What the Claims Say, and How to File

Essure was a permanent birth control device marketed to women as a non-surgical alternative to tubal ligation. Small metal coils were placed in the fallopian tubes, where scar tissue was supposed to grow and block the tubes. Over the years, many women reported serious health problems they believed were linked to the device, and thousands of lawsuits followed. This guide explains what the Essure lawsuits were about, who was affected, what happened to the litigation, and what options may still exist today.

This article is general information only. It is not legal advice, and it does not create an attorney-client relationship. Laws and deadlines vary by state, so speak with a qualified attorney about your own situation.

What Is Essure and Why Was It the Subject of Lawsuits?

Essure was approved by the United States Food and Drug Administration (FDA) in 2002. It consisted of small, flexible coils made partly of nickel-titanium and stainless steel fibers. A doctor placed one coil in each fallopian tube during an office procedure that did not require incisions or general anesthesia. Over about three months, tissue was expected to grow around the coils and permanently block the tubes.

Over time, reports of complications grew. Women described pain, bleeding, allergic reactions, and devices that moved out of place. In 2016, the FDA ordered the manufacturer to add a strong boxed warning to the product label and to provide a patient checklist describing the risks. In 2018, the manufacturer announced it would stop selling Essure in the United States at the end of that year, citing declining sales. The sales halt did not remove the device from women who already had it implanted, and it did not end the lawsuits.

What Injuries Did Plaintiffs Report?

Lawsuits described a wide range of injuries and symptoms. Not every woman who received Essure experienced these problems, and the lawsuits did not prove that the device caused every reported symptom. The most commonly alleged problems included chronic pelvic or abdominal pain, heavy or irregular bleeding, and severe fatigue. Many plaintiffs also reported allergic or hypersensitivity reactions, which they linked to the nickel content of the coils.

Other claims involved the device itself. Some plaintiffs said a coil moved from its original position, punctured a fallopian tube or the uterus, or broke into pieces. These events sometimes required surgery, including procedures to remove the coils or, in some cases, a hysterectomy. Some women also reported unintended pregnancies, including pregnancies that occurred before the tubes were confirmed blocked.

The Legal Claims at the Center of the Lawsuits

The lawsuits generally argued that the manufacturer failed to warn patients and doctors adequately about the risks of the device. Plaintiffs claimed that the warnings provided before implantation understated how severe and how common certain complications could be. They also argued that the company did not report adverse events to regulators as fully or as quickly as it should have.

Many claims also involved the premarket approval process. Medical devices that go through federal premarket approval receive a degree of protection from certain state-law claims, and this issue was heavily debated in the Essure litigation. Courts in different states reached different conclusions about which claims could proceed. Additional claims focused on manufacturing and design, or on marketing materials that allegedly presented Essure as safer and simpler than it was. The manufacturer denied many of these allegations and maintained that the device was safe and effective when used as directed.

The 2020 Settlement and What It Meant

In 2020, Bayer, the manufacturer of Essure, announced that it would pay about 1.6 billion dollars to resolve most of the Essure lawsuits pending in the United States. The settlement was reported to cover the large majority of the claims filed at that time. Bayer did not admit fault or liability as part of the agreement, and the company stated that the settlement was a business decision to end the litigation.

Settlements in mass-tort cases like this one usually do not pay every claimant the same amount. The settlement resolved most claims, but not necessarily all of them.

Who May Still Be Able to File a Claim?

Eligibility depends on several factors. The first is whether you had Essure implanted. Medical records showing the implantation date and the treating provider are usually the starting point. The second factor is whether you experienced complications that required medical treatment, such as chronic pain, a device that moved or broke, an allergic reaction, or surgery to remove the device.

The third factor is timing. Every state has a statute of limitations, a deadline for filing a lawsuit. These deadlines vary widely, and the clock may start on different dates depending on the state and the claim. Finally, the strength of the medical evidence matters: claims are generally stronger when medical records document the symptoms, the diagnosis, and the treatment.

What Compensation Claims Have Generally Sought

Compensation in device lawsuits typically covers several categories of loss. The most common categories include:

• Medical expenses, including surgery, hospital care, imaging, medication, and follow-up treatment related to the device.
• Lost wages and reduced earning capacity, for people whose symptoms or treatment kept them from working.
• Pain and suffering, including chronic pain, emotional distress, and reduced quality of life.
• Costs of device removal or revision surgery, when additional procedures were needed.

What to Do If You Think You Have a Claim

Start by getting medical care for any ongoing symptoms. Tell your doctor about the Essure device, when it was implanted, and what symptoms you have experienced. Keep copies of all medical records, imaging, and bills, and write down a timeline of your symptoms and treatments, because details become harder to remember over time.

Next, consider speaking with a lawyer who handles medical-device cases. Most device claims begin with a free case evaluation, and lawyers usually work on a contingency-fee basis, meaning they are paid a percentage of any recovery. Ask about the attorney's experience with Essure or similar device litigation, the fee structure, and the likely timeline. Bring your medical records to the consultation, do not sign anything you do not understand, and do not accept a settlement offer without legal advice. Above all, act promptly, because deadlines can expire and evidence becomes harder to collect as time passes. For a plain-language video walkthrough of how mass-tort claims like this one generally work, see this video from the Problem Solved channel.