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Defective Medical Products

Defective Medical Products

Personal Injuries

Dangerous Prescription Drugs

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I was Injured by a Drunk Driver, What do I Do?

  America has a drinking problem. Alcohol related deaths are the fourth leading preventable cause of death in the United States; and every two minutes, a person is injured in an alcohol related crash. Although drunk driving is a crime

FDA tells Bayer to undergo study of Essure Birth Control

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The Food and Drug Administration (FDA) told Bayer-manufacturers of Essure-they must undergo a new postmarket surveillance study of the permanent birth control that analyzes the heightened risks to patients. “While the FDA believes Essure remains an appropriate option for the majority of women seeking a permanent form of birth control, some women may be at risk for serious complications,” the FDA said in a press announcement.

Essure is supposed to create a natural barrier in the fallopian tubes so sperm can’t reach the eggs, preventing pregnancy. A physician implants the device through the vagina and into the fallopian tubes, where it produces an immune response causing tissue build-up in the fallopian tubes. Essure was approved by the FDA via the Premarket Approval (PMA) process and is a class III device, generally the highest risk devices and subject to the highest level of regulatory control. Despite this “high” level of regulatory control, many women are experiencing life-threatening side effects from Essure. Devices with PMA from the FDA are protected from product liability lawsuits brought in state courts. The court found that federal preemption prohibits state law claims that challenge the safety or effectiveness of PMA devices. If the PMA is revoked, individuals may be able to file a lawsuit.

The agency has received over 5,000 adverse event reports from women regarding their Essure device. The complaints include side effects ranging from pregnancy, pelvic pain, cramping, migration, allergic reactions, and perforation of the fallopian tubes and uterus. Many of these women are forced to undergo surgery for removal of their fallopian tubes (Salpingectomy), or removal of their uterus (Hysterectomy). Essure was approved on November 4, 2002. According to the FDA, “From Nov. 4, 2002, Essure’s approval date, through May 31, 2015, the FDA received 5093 medical device reports related to Essure. The majority of reports received since 2013 have been voluntary reports, mostly from women who received Essure implants.” Unfortunately, the FDA still has not selected to revoke the Essure PMA. However, the effort to revoke the PMA application is ongoing.

Instead, the FDA released a statement recommending that sterilization devices, such as Essure, include a Black Box warning label, a label required for devices that potentially cause death or serious injury, explaining the possible side effects.  The agency’s recommendation was published as a draft guidance with labeling recommendations for Essure. The FDA will finalize the guidance information after receiving comments from the public and the industry for two months.

Know Your Rights

In cases where it can be shown that the manufacturer of the medical device lied to the FDA to obtain approval, or failed to report adverse events with the product, a product liability case may be viable. It is important to protect your legal rights and have a case on file. Contact an Essure injury attorney at Kershaw, Cook & Talley for a free case consultation at 888-997-5170, or fill out our confidential online form found on this page.

Defective & Dangerous Products

Chicago Medical Malpractice Lawyers

The attorneys at Kershaw, Cook & Talley successfully represent consumers in lawsuits against manufacturers and companies involving defective products and product recalls. Our experienced trial attorneys recover thousands of dollars on behalf of injured individuals in cases involving defective medical devices, dangerous drugs, car defects and more.

Referring Attorneys

Best Chicago Medical Malpractice Lawyers

At times, attorneys require further expertise and resources, legally and financially, to resolve a legal matter. We have the team, capability and dedication to handle challenging cases. If you have a case exceeding your resources with respect to workforce or experience, consider contacting our firm. We welcome referrals from firms in Sacramento and throughout the United States.

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Medical Malpractice Lawyers, Kershaw, Cook & Talley

We provide free case consultations. If you, or a loved one, suffered an injury due to another’s negligence or wrongful conduct, call our firm. We will examine your individual situation and explain your legal rights. Our attorneys have extensive experience representing injured individuals, in both jury trials and settlement negotiations.

Personal Injury Attorneys, Personal Legal Service.

Kershaw, Cook & Talley is a Sacramento law firm founded on the principle of helping our clients through personalized legal services. With this philosophy, Kershaw, Cook & Talley has garnered a statewide and national reputation for providing outstanding legal representation and obtaining significant compensation for our clients.

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We understand personal injury cases are often emotionally and financially straining. Our team of top personal injury attorneys in Sacramento is committed to seeking justice for individuals injured as a result of another's negligence or intentional misconduct. At Kershaw, Cook & Talley, our experienced personal injury attorneys will hold the responsible parties accountable for their actions.

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“Bill and Stu worked expeditiously to get my hip claim resolved.
I couldn’t believe how personable they were and easy to contact.”

-S. Thomas

“Stuart helped me with a case involving a defective hip replacement. He was incredibly responsive to my calls and concerns and really kept me updated on what was going on in the litigation. Even though his office was not in my hometown, he actually flew out to meet with me. He was incredibly knowledgeable about the case and really helped me through a very difficult time.”

-Personal Injury Client, as seen on AVVO

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