Essure

STICHTING ESSURE CLAIMS

Essure is a permanent sterilization method for women, which would not require surgery and anesthesia. Essure was launched on the market in 2001. Initially by Conceptus Inc. which was later acquired by Bayer.

Bayer (and before that Conceptus) presented Essure as a safe method of sterilization. It has since become apparent that only limited research has been done into the effect and the harmful (side) effects of the implant. In 2016 it came to light that many women experienced serious complaints due to Essure, such as chronic severe abdominal and/or back pain, fatigue complaints and perforated fallopian tubes, uterus or ovaries and other complaints. Bayer only decided in September 2017 to remove Essure from the European market. According to Bayer, not because of the defects in Essure and the large number of complaints, but because of disappointing sales figures.

In the Netherlands, approximately 30,000 women have had Essure implanted. Due to persistent complaints, between 3,000 to 5,000 women were required to have the Essure surgically removed.

Stichting Essure Claims (the “Foundation”) stands up for all women who have had Essure implanted in the Netherlands and demands that Bayer compensate these women for their suffering and damage.

If you have had an Essure implanted in the Netherlands, you can register with the Foundation by clicking on the registration link and sharing your details with us. We will of course handle your data with care. We explain this in our privacy statement.

It is important for the Foundation to stay in touch with women who have suffered damages from Essure and to share as much information with them as possible. Participants regularly receive newsletters about the proceedings. Moreover, the Foundation has organised various meetings. The latest meeting took place on 29 June 2024. At Jaarbeurs Utrecht more than 400 participants joined the information meeting.

SIGN UP

For more information on how to register with the Foundation

THE FOUNDATION

Stichting Essure Claims is an independent Dutch foundation and defends the interests of women who have had an Essure implanted in the Netherlands and who have suffered damage as a result (the “injured women”).

We have researched (the implantation and surgical removal of) Essure in the Netherlands and provide/share information about this with the media, as well as on this website.

The Foundation tried to reach an amicable solution with Bayer. Bayer was not willing to cooperate. Subsequently the writ of summons was filed on 4 April 2023. With the writ of summons, the Foundation started collective judicial proceedings at the District Court Midden-Nederland. The Foundation is seeking a ‘declaratory judgment’ that Bayer is liable for the damages suffered by all women who have had Essure implanted in the Netherlands. The Foundation is also claiming a specific amount of damages for women who have had or will have Essure removed. More information can be found in the writ of summons.

Next to the Foundation, 17 health insurers are also claimants in the proceedings. They are also claiming damages from Bayer. On 9 August 2023, procedural agreements were made with the Court about the further course of the proceedings. On 1 November 2023 Bayer filed an “interim statement of inadmissibility’.

The Foundation responded to the interim statement on 24 January 2024. This was followed by a statement of reply from Bayer on 17 April 2024 and on 10 July 2024, the Foundation filed its rejoinder. The oral hearing on this matter then took place on 8 October 2024. After this hearing, the court issued an interim judgment in favour of the Foundation on 8 January 2025. In that judgment, the court ruled, amongst others, that the Foundation ‘has standing’. This means that the Foundation may represent Essure victims in the Netherlands. A period will now follow in which all women in the Netherlands who have had Essure implanted can indicate if they do not want to be bound by these proceedings. After that period, the question if Bayer is liable for the damage suffered by Essure victims will be addressed. The hearing on the substantive debate is expected to take place late 2025 or early 2026.

ADMINISTRATION

ANTOINETTE COLLIGNON

GUIDO ROOIJACKERS

JULES SCHAGEN VAN LEEUWEN

The Foundation is managed by experienced directors with extensive relevant knowledge and expertise with regard to, among other things, gynaecology, medical product liability/personal injury and financial damage calculation:

Antoinette Collignon (chair): more than 30 years of experience as a personal injury lawyer. Among other things, she assists the victims of the MH-17 disaster.

Jules Schagen van Leeuwen (board member): doctor with more than 40 years of experience as a gynaecologist and women’s doctor in the Netherlands, Brazil and Ghana. Before his retirement, he was a gynaecologist with the St Antonius Hospital in Utrecht.

Guido Rooijackers (board member): an experienced specialist in business valuation and damage calculations.

SUPERVISORY BOARD

GEMMA KENTER

KARL PETER PUSZKAJLER

KIM SMIT

The supervisory board of Stichting Essure Claims consists of members with medical, legal and financial expertise:

Gemma Kenter (chair): former gynaecologist and professor of gynecological oncology at various Dutch universities.
Karl Puszkajler: former judge at i.a. the court (oberlandesgericht) in Munich, Germany, with extensive experience in (collective action) law.
Kim Smit: non-executive director with supervisory board roles in – among others – health care, biotech, supply chain and production of nuclear medical isotopes. Former CFO/member of the Executive Board of Directors at the Leiden University Medical Center and former CFO of a large petrochemical company.

AGGRIEVED WOMEN

If you have had Essure implanted in the Netherlands, we will defend your interests and you can register for the action of Stichting Essure Claims against Bayer.

We hold Bayer liable because it has placed a defective implant on the market and because it has acted unlawfully towards the injured women. In the proceedings, we will ask the court to make a classification of different categories of damages with corresponding compensation. Each woman will – depending on the number of operations and the number of complaints – be classified in a damage category.

In order to conduct the proceedings against Bayer, the Foundation entered into an agreement with Financiering Essure Claims C.V., which is managed by the professional Dutch litigation financier Redbreast (see also under partners). This funder has no influence on the decision-making of the Foundation. To compensate the financing risk, the funder receives reimbursement for the costs incurred plus 25% of the proceeds if the procedure is successful. The total compensation of the funder will never exceed 30% of the awarded compensation per participant.

NO-CURE, NO PAY

If you register, you only have to pay something (a contribution to the costs) if you receive compensation yourself. You then pay part of the costs and a premium that the litigation financier wants to receive. This amount is deducted from the compensation you receive and can vary between 25-30% of your compensation. It’s never more than 30%.

Of course, we will try to recover this amount (25-30%) from Bayer, because these are the costs that the Foundation must incur in order to attract funding to be able to conduct this procedure. The Foundation itself is not for profit. We pass the costs (25-30% of your claim) to the financier one-on-one.

If the Foundation loses the proceedings against Bayer, you do not have to pay anything. This is at the expense and risk of the financier.

You can register via this link

You can unsubscribe by sending an e-mail to: INFO@ESSURECLAIMSNETHERLANDS.COM

PARTNERS

LEGAL ASSISTANCE

LEMSTRA VAN DER KORST

Lemstra Van der Korst NV is the law firm that assists the Foundation in the various legal matters, including: (i) entering into negotiations and preparing a lawsuit against Bayer, (ii) possibly entering into (collective) settlement negotiations with these entities, and (iii) conducting a collective action against Bayer.

registration and contact with the participating women

POGUST GOODHEAD

Pogust Goodhead carries out the registration process of participants in the proceedings on behalf of the Foundation and establishes contact with participating women. Pogust Goodhead answers many questions and helps the Foundation with its extensive knowledge of Essure and group proceedings in the United States and the United Kingdom.

Funder

REDBREAST AND FINANCING ESSURE CLAIMS C.V.

Redbreast Associates N.V. manages the financing company Financiering Essure Claims C.V. which finances the proceedings of the Stichting. Redbreast is an experienced Dutch funder of (collective) proceedings and has a stable track record. Redbreast is led by experienced (former) lawyers and jurists of good repute.

The Foundation has entered into a financing agreement with Funding Essure Claims C.V. This funder pays for the Foundation’s proceedings against Bayer. In exchange for this funding, in the event of a successful outcome of the procedure, the Foundation pays the funder a reimbursement of costs and 25% of the compensation awarded to the women participating in the procedure in total this will never exceed more than 30% of the awarded compensation.

If the procedure does not lead to compensation, the Foundation does not owe anything to the funder.