Jun 26, 2022 -
While there are no laws that prevent the FDA from approving Essure devices, there are certainly laws which do not allow for the device to be sold in any state. Many states have laws on the books that forbid doctors to sell any kind of surgical device to women who have not given them permission to do so.
Essure device lawsuits are not unheard of. In fact, many women have filed lawsuits against their doctor's office for allowing Essure to be implanted on them without their consent. Many medical professionals argue that such suits are frivolous and should not even be allowed in court. This is probably true because it seems extremely difficult to prove that a person was forced into having the Essure surgery without their permission or understanding of the ramifications of it.
The Essure device itself is incredibly effective at preventing pregnancy and the associated complications associated with pregnancy. It works by introducing a small needle through a woman's fallopian tubes, which then seeps into the womb and destroys any egg cell that attempts to implant itself there.
Unfortunately, those that do become pregnant are unable to avoid these pregnancy complications. Women that become pregnant with Essure devices often complain that they feel like they were "forced" to take the device and cannot explain why they had it injected in the first place.
The fact of the matter is that Essure is an incredibly effective surgical device. It may not seem as effective at preventing pregnancy as traditional birth control methods, but the fact of the matter is that women will often become pregnant with Essure devices when traditional methods simply will not work.
Should I file the Essure device cases lawsuit? The answer is... probably not.
As mentioned above, it is incredibly difficult to prove that a person was forced to undergo this procedure. While some medical professionals argue that any person could make a claim that they were forced into having this surgery, it would be nearly impossible to actually prove that the person is telling the truth. Even if it was possible to prove that a person was forced to have this procedure, they might still be able to win in court due to their medical professional medical records being destroyed during the process.
In the event that a woman wins in court and gets her medical records expunged, she may then be allowed to sue her medical practitioner's office for medical negligence. This would almost guarantee that any money she receives would not go to an attorney, but rather to the medical care of her unborn child.
If you have ever thought about filing an Essure device cases lawsuit against your doctor, the answer is probably not a yes. However, you should definitely consider doing so based on how devastating the repercussions can be to any future child.
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