Posted on 15 May 2023
Hear from the brave women who are part of our Essure class action
By Slater and Gordon
The 12-week trial commenced on 11 April 2023 in the Supreme Court of Victoria against pharmaceutical giant Bayer and its associated companies that sponsored and distributed the Essure device in Australia.
Slater and Gordon is proud to be acting on behalf of more than a thousand Australian women who have suffered a range of debilitating health complications linked to the Essure contraceptive device.
We know that nothing can take away the pain and suffering they’ve endured, the lost moments with their children, years taken from their careers or the difficulty of having to revisit these experiences as the trial continues.
It’s important to continue to amplify the voices of these women and share their stories about the shocking impacts of the Essure contraceptive device.
Slater and Gordon advise that the following testimonials contain descriptions of medical procedures and may be triggering for some people.
Watch the class action group members Kimberly Cranfield and Tanya Davidson discuss their personal stories on The Project
Footage supplied by The Project
Bayer is a well-known brand and we trusted that this device was safe to put into our bodies. The reality is that it was not,
Georgina Hahn, class action group member
What is the device?
The Essure contraceptive device was implanted in thousands of women in Australia between 1997 and 2017 when it was the subject of a TGA hazard alert and recalled from the Australian market in mid 2018. It has been linked to a range of serious conditions and complications, including:
chronic pelvic and abdominal pain;
heavy menstrual bleeding;
severe pain associated with menstruation;
migration of the device from the fallopian tubes;
perforation of the fallopian tubes, uterus, bowel and other organs; and
breakage and corrosion of the device.
As a result of these complications, many women have required hysterectomies to remove the device and relieve their symptoms.
I'm sharing my story for my nieces, for my granddaughters. I don't want another generation of women to have to go through this again,
Lee-Anne Daffy, class action group member.
What is the Essure Class Action about?
This class action alleges that Bayer breached Australia’s consumer protection laws and their duty of care to consumers by producing a device that carried with it a serious risk of harm. Slater and Gordon say the device was poorly conceived, badly designed and was not properly tested before it was put on the Australian market.
It is also alleged that the warnings provided to Australian women were completely inadequate in relation to the risks of harm that were known or should have been known by Bayer.
Slater and Gordon also claim that when Bayer became aware of problems associated with the device, these issues were not promptly or properly investigated, and the device was not withdrawn from the market quickly enough to avoid more women suffering serious injuries.
I don’t understand how they would settle with a group of women overseas and not consider us to be any more worthy,”
Lee-Anne Daffy, class action group member.
We thank these women for sharing their stories, as the trial continues
Claim period: The claim for this Essure Class Action covers all women who had one or more Essure devices implanted or inserted between 1997 and 2018, and who suffered the pleaded injuries or health complications linked to the device.
Learn more about the Essure class action, including the key events leading up to the class action
Timeline of case
Bayer withdraws Essure from the Australian Market for “commercial reasons”
Hazard alert issued for Essure by the TGA and unused stock recalled
Essure device cancelled from the Australian Register of Therapeutic Goods
Slater and Gordon announces it will pursue a class action against Bayer
Slater and Gordon commences formal court processes in the Supreme Court of Victoria against Bayer
Slater and Gordon files the Statement of Claim in the class action against Bayer
The trial begins in the Supreme Court of Victoria
What’s next?
The trial will continue until August unless a resolution can be reached between the parties sooner. We are determined to obtain a fair outcome for the many Australian women significantly impacted by this device.
We will continue to provide updates as they happen and ensure all the voices of the women affected are heard.
If the contents of this blog were triggering we encourage those affected by these testimonials to seek support: https://www.beyondblue.org.au/
To contact the Essure class action team directly please call 1800 568 723
The contents of this blog post are considered accurate as at the date of publication. However the applicable laws may be subject to change, thereby affecting the accuracy of the article. The information contained in this blog post is of a general nature only and is not specific to anyone’s personal circumstances. Please seek legal advice before acting on any of the information contained in this post.