Bayer is no longer selling Essure in the U.S.

Following withdrawals from several other countries around the world, Bayer has announced today that it is no longer selling Essure in the United States.

The New York Times reports that “Bayer announced on Friday that it would discontinue sales of its controversial Essure birth control implant by the end of the year.” This is the result of the efforts of many strong women around the country.

As the Times explained, “In April, after meeting with advocates for women who say they were injured by Essure, the Food and Drug Administration required Bayer to limit sales to doctors’ offices and medical practices that agreed to fully inform women about the product’s risks. At that time, the agency said that from 2002, when Essure was approved, through the end of 2017, it had received nearly 27,000 reports of adverse events — although the F.D.A. noted that some might have been duplicated.” Before this FDA had issued a “black box warning” on the product package.

Bayer is continuing with its defense of these cases in courts around the country. It echoed its position in this Times article, “Bayer said its decision was based on declining sales, and blamed “inaccurate and misleading publicity,” as a key factor. The company also said that American women were becoming less interested in permanent contraception, and instead were increasingly relying on other birth control options, like long-acting reversible contraceptives. ‘The benefit-risk profile of Essure has not changed,’ the company said, ‘and we continue to stand behind the product’s safety and efficacy, which are demonstrated by an extensive body of research.'”

KBA attorney Justin Browne serves on the Plaintiffs’ Steering Committee in the JCCP in California. The litigation is well into discovery and moving toward expert disclosures and trial preparation.