A class action brought by over 1,000 women over a contraceptive device has failed in a Victorian court.
Pharmaceutical giant Bayer and two medical equipment manufacturers were accused of breaching consumer protection laws and their duty of care by selling ‘Essure’ — an implanted device that irreversibly stops pregnancy.
Action brought forward in Victoria’s Supreme Court claimed the Essure device caused significant health concerns. However, a judge dismissed the case this week.
Here’s the latest.
Contraceptive device
The Essure implant was a metal coil inserted into the fallopian tubes to permanently prevent pregnancy.
Bayer was involved in designing, developing and promoting the Essure implant. It was supplied in Australia from about 1999 to 2018.
In 2017, the Therapeutic Goods Administration issued an official safety alert for Essure, warning some people weren’t warned of the possible risks of using the implant.
The product was then withdrawn for “business reasons”.
The class action
In 2020, a class action brought by nearly 1,400 Australian women was launched against six parties involved in manufacturing and distributing the Essure device. This included Bayer and three of its subsidiary companies.
The lead plaintiff, now 38-year-old woman Patrice Turner, alleged she experienced significant health complications after having an Essure device implanted in each fallopian tube in 2013.
She reported “severe, sharp, and stabbing pain in the pelvis” and ongoing discomfort.
Turner claimed that the product had “inherent defects” that caused the implant to migrate, break, and corrode within the body.
She argued the failures of the device led to chronic inflammation, and heavier, more painful periods.
Turner also accused Bayer of failing to adequately warn consumers about these risks, preventing women from making informed decisions.
All companies named in the action denied the allegations and said they acted in line with Australian health and consumer laws. They also noted Bayer’s 2017 decision to discontinue the implant.
The judgement
On Tuesday, Presiding Justice Andrew Keogh ruled against the plaintiffs, saying their argument was “far from compelling”.
He said the group failed to prove that the Essure implants were defective products or poor quality, and dismissed claims it directly caused health issues.
“Chronic pelvic pain and abnormal uterine bleeding commonly affect women of reproductive age. There is a broad range of potential causes of both disorders,” Keogh said.
The judgement can be appealed.
