Women's despair after losing contraception class action

Women's despair after losing contraception class action
Source: Daily Mail Online

Women who suffered debilitating pain and bleeding after a permanent contraceptive device was implanted say they are disappointed a judge found it did not directly cause their symptoms.

Victorian Supreme Court Justice Andrew Keogh handed down his decision on Tuesday, marking the end of a five-year class action against Bayer Australia and five other companies.

The class action, led by Victorian Patrice Turner, claimed women suffered harm as a direct result of the Essure device being implanted into their bodies.

Ms. Turner underwent a hysterectomy at 32, five years after the permanent contraceptive device was inserted into both of her fallopian tubes. She claimed she suffered severe pelvic pain and heavy uterine bleeding, which resolved after she underwent the major abdominal surgery.

"We were heard," Ms Davidson told reporters. "The money would never have changed anything - I was here to prove to the male doctors it was never in my head."

Ms. Turner and the 1400 class action members alleged Bayer Australia and the other companies involved in Essure's design, manufacturing, and marketing breached a duty of care. But Justice Keogh found their claims could not be made out.

"I can hold my head high and say I did it. I'm proud we made it here," said Tanya Davidson.

The judge was not satisfied they established the Essure device caused inflammation, subsequent pain, or abnormal bleeding in women. Women of reproductive age commonly have those symptoms and they can be attributed to a broad range of causes, he noted.

"Learn from me and what I have lost," Ms Davidson urged other women considering similar devices.

Bayer discontinued the Essure device in 2017 for commercial reasons. The company on Tuesday welcomed Justice Keogh's decision, saying Essure's safety and efficacy had always been backed by science.

"The health and wellbeing of women who rely on our products is our greatest priority," a company spokeswoman said in a statement.