A case against Bayer Inc. and related entities was removed from New York state court to the Northern District of New York last Friday. The case raises product liability concerns over the defendant’s Essure three component birth control device.
The Essure system, per the complaint, consists of three components intended to cause permanent birth control: (1) two micro-inserts; (2) a disposable delivery system, and (3) a disposable split introduced.
The complaint explained that “The Essure micro-inserts are constructed of a stainless-steel inner coil, a dynamic outer coil made from a nickel and titanium alloy, called Nitinol, and a layer of polyethylene terephthalate, or polyester fibers wound between the inner and outer coils.”
The plaintiff raised several adverse effects of the product, and the procedure used to insert it. They alleged that flaws in the stainless steel used in the device, toxicity in the nitinol alloy, trace amounts of lead, and other manufacturing defects could all harm users. Other issues raised include the degredataion temperature of the fibers used in the device and other manufacturing concerns.
The plaintiff’s own device malfunctioned, per the complaint, causing severe pain, migration of the device internally, and heavy bleeding.
The plaintiff is suing for false advertising, negligent misrepresentation, negligence, design failure, duty to warn, strict product liability, manufacturing defect, breach of implied warranty, constructive fraud, intentional misrepresentation, unfair and deceptive trade practices, and unjust enrichment. Plaintiff is represented by Belluck & Fox LLP. Defendants are represented by Sidley Austin.