Plaintiff's Executive Committee Named in California Essure Birth Control Litigation

Fidelma Fitzpatrick
Attorney Fidelma Fitzpatrick

California Superior Court Judge Winifred Y. Smith named the plaintiff’s executive committee in state litigation against Bayer in Essure Product Cases litigation, Judicial Council Coordinated Proceeding No. 4887.

Some 55 actions were consolidated in state court by some 900 women who alleged that they sustained injuries from Essure. The suits contend that the Bayer product, an FDA-approved medical device that has been on the market since 2002, caused a number of problems and physical injuries in thousands of women who have had the device implanted.

Plaintiffs’ Executive Committee

The court designated as Lead Counsel of the Executive Committee:

Fidelma Fitzpatrick
Motley Rice LLC
55 Cedar Street, Ste 1 00
Providence, RI 02903
Phone: (401) 457-7700
Fax: (401) 457-7708
E-mail: ffitzpatrick@motleyrice.com

As chair of the PEC, Fitzpatrick will lead a five-person Executive Committee, as well as two liaisons, in seeking compensation for alleged harms suffered by the women. The PEC is responsible for coordinating the activities on behalf of all Plaintiffs’ during all pretrial proceedings.

Thousands of women across the U.S. claim Essure  has caused serious and permanent injuries, including hundreds represented by Motley Rice. The FDA reports that more than 9,000 voluntary complaints have been submitted by women allegedly harmed by Essure. While Bayer has denied any wrongdoing, the FDA announced in February 2016 that it will require the company to conduct a clinical study and implement a patient decision checklist to make sure potential users of Essure understand the potential, serious risks implanting the device may cause. Additionally, in October 2016, the FDA added a black box warning to Essure’s labeling. A black box warning is the FDA’s highest warning level and indicates that a product may cause serious injuries or death.

Reported Essure complications include life-threatening ectopic pregnancy, fetal death, migration of the device causing perforation or tear of pelvic organs, additional surgeries, including hysterectomy to remove the device and repair organs, and other severe side effects.

“We stand firm that our clients and all affected by Essure deserve to have their stories heard,” stated Fitzpatrick. “I welcome the opportunity to represent these women as lead, working closely with fellow members of the Plaintiffs’ Executive Committee, and will do all in my power to achieve justice on their behalf.”

The court also designated:

Erin Copeland
Fibich Leebron Copeland Briggs & Josephson
1150 Bissonnet Street
Houston, TX 77005
Phone: (713) 751-0025
Fax: (713) 751-0030
E-mail: ecopeland@fibichlaw.com

Kim Dougherty
Janet, Jenner & Suggs, LLC
31 St. James Ave., Suite 365
Boston, MA 02116
Phone: (617) 933-1265
E-mail: kdougherty@myadvocatcs.com

M. Elizabeth Graham (CA State Bar 143085)
Grant & Eisenhofer P.A.
10 I California Street
Suite 2710
San Francisco, CA 94111
Phone: 415-365-9585
E-mail: egraharn@gelaw.com

Edward A. Wallace
Wexler Wallace LLP
55 W. Monroe St., Suite 3300
Chicago, 11 60603
Phone: (312) 346-2222
Fax: (312) 346-0022
E-mail: eaw@wexlerwallace.com

Plaintiffs’ Co-Liaison Counsel

The court designated for the Plaintiffs’ Co-Liaison Counsel

William A. Kershaw
Kershaw, Cook & Talley
401 Watt A venue
Sacramento, CA 95846
Phone: (888) 997-5170
Fax: (916) 669-4499
E-mail: bill@kctlegal.com

M. Elizabeth Graham
Grant & Eisenhofer P.A.
101 California Street
Suite 2710
San Francisco, CA 94111
Phone: 415-365-9585
E-mail: egraharn@gelaw.com

Defendants’ Lead and Liaison Counsel

The court designated:

Alycia A. Degen,
Sidley Austin LLP
555 West Fifth Street, Suite 4000
Los Angeles, CA 90013
Telephone: (213) 896-6000
Facsimile; (213) 896-6600


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