Joint replacements are the #1 expenditure of Medicare. The process of approving these medical devices is flawed according to the Institute of Medicine. It is time for patients' voices to be heard as stakeholders and for public support for increased medical device industry accountability and heightened protections for patients. Post-market registry. Product warranty. Patient/consumer stakeholder equity. Rescind industry pre-emptions/entitlements. All clinical trials must report all data.
Please share what you have learned!
Twitter: @JjrkCh
Showing posts with label Essure Problems. Show all posts
Showing posts with label Essure Problems. Show all posts

Tuesday, July 24, 2018

'The Bleeding Edge' Netflix documentary July 27, 2018 (Friday)

"I don't know how anyone could let this happen."
JUL 23, 2018


Years after the first reports of hazardous effects of birth control device Essure—and days before a Netflix documentary about it drops—manufacturer Bayer announced it will stop selling the controversial implant. The company framed its decision as based on poor sales, but the timing is hard to ignore: The Bleeding Edge, a documentary about medical devices gone awry that uses Essure as a prime example, drops on July 27. Essure was pulled July 20.
"We continue to stand behind the product's safety and efficacy," Bayer said in a statement. The company has maintained for years that Essure, a kind of metal coil that is implanted in the Fallopian tubes to block sperm, is safe, despite facing roughly 16,000 lawsuits from women who say they suffered ill effects after using it, including organ perforation, chronic and excessive pain, and unintended pregnancies. Yet Essure was discontinued due to a "business decision," the company said, citing "a decline in sales."
Meanwhile, Friday marks the launch of The Bleeding Edge, a Netflix documentary from the creators of The Hunting Ground. The Hollywood Reporter describes it as "a terrifying eye-opener," and Indiewire writes that it "stands a good chance at enlightening more people who have been (or might be) hoodwinked." The documentary isn't just about Essure—it focuses on a handful of medical devices that have caused major complications, including "vaginal mesh" and hip replacements—but Essure is framed as a banner example of good intentions gone haywire.
f="http://www.youtube.com/watch?v=slmilObZl28" target="_blank">Try watching this video on www.youtube.com</a>, or enable JavaScript if it is disabled in your browser.</div></div>
When it comes to Essure, Bayer has suffered a particularly nasty year. Essure has been pulled or withdrawn from every country where it had been offered outside of the United States—Canada, the U.K., the Netherlands, you name it—and in April, the FDA announced it would be restricting sales of Essure to ensure that all women who consider it are fully aware of the risks. (Restricting sales, in this case, means only selling the device to facilities that agreed to review a set checklist with doctors and patients.) That said: "The FDA continues to believe that the benefits of the device outweigh its risks," the statement noted.

Once billed as the only permanent contraceptive device on the market, Essure has since become a buzzword for unexpected complications. On Facebook and other social media sites, there exists a growing community of Essure-affected women who congregate to share their experiences. Between 2002 and 2017, close to 30,000 women filed formal reports of "adverse effects" with the FDA after using Essure.

You can stream The Bleeding Edge on Netflix from July 27.
https://www.marieclaire.com/health-fitness/a22518890/netflix-the-bleeding-edge-essure/

Thursday, June 8, 2017

FDA Fails to Protect Patients from PREVENTABLE Bayer Essure Harm.

Updated: JUNE 6, 2017 — 7:38 PM EDT


by Marie McCullough, Staff Writer mmccullough@phillynews.com
The ranks of women harmed by Essure sterilization coils continue to grow, while the U.S. Food and Drug Administration’s efforts to inform them of the risks are not working, a 37,000-member advocacy group declared Tuesday.


Administrators of the six-year-old Facebook group Essure Problems said that in the first quarter of this year, the FDA received about 2,000 reports of women who underwent operations — usually hysterectomies — to remove coils that were causing complications such as pain and bleeding.
More than 9,000 removals have been reported since 2009, in addition to miscarriages, fetal deaths, and other problems, according to an analysis of the FDA’s “adverse events” reporting system. It was conducted by Madris Tomes, a former FDA manager who is the founding CEO of Device Events, based in York, Pa.


Angie Marie Firmalino, 44, a co-founder of the Essure Problem group on Facebook
“More than 15,500 adverse-event reports have been filed,” said Essure Problems cofounder Angie Marie Firmalino, 44, of Tannersville, N.Y., who needed a hysterectomy to get rid of fragments of broken coils. “We feel like the FDA needs to step in and take action. How much harm is acceptable for a non-lifesaving device?
Asked for comment, the FDA said it “continues to review the available information about Essure, including reports of problems submitted to the FDA.”

The manufacturer, Bayer Healthcare, emailed: “We take all adverse events seriously. … We have reached out to many women who have reported complications … and provided any guidance we can. There are risks with all medical procedures.”

Surgeries to Remove Essure
This analysis of data from the FDA’s voluntary adverse events reporting system shows how many women needed surgery — either hysterectomy or fallopian tube removal — to remove the Essure sterilization coils because of severe problems such as pain and bleeding. Reports have been steadily increasing with growing awareness of the dangers.




Essure Problems has been among those pushing the FDA since 2013 to take Essure off the market. The coils, approved 15 years ago, are implanted in the fallopian tubes to scar them shut. The device is marketed as a simple, nonsurgical alternative to conventional tubal surgery.
Last year, the FDA ordered Bayer to add label warnings that Essure can cause chronic pain, organ perforation, and allergic reactions, and to create a “patient decision checklist.”
But about 200 women have contacted Essure Problems over the last six months to say that doctors did not tell them about the label warnings or use the three-page checklist.
“Unfortunately for many women, they are being implanted without informed consent,” administrators of the Facebook group emailed the FDA on Monday, demanding tougher action.
The FDA’s response, shared by the group: “We understand your frustration. We assure you, Essure is a high-priority issue for the Agency and we continue to take feedback like yours into consideration.”
Bayer, which acquired Essure in 2013, has been hit by thousands of lawsuits over the coils. Last year, the German-based company’s annual report said it incurred losses of $413 million in connection with the devices.

Bayer has said it does not know how many women have implants, just that about a million Essure “kits” had been sold worldwide, most in the U.S. The company recently announced it would discontinue sales in two small markets, Finland and the Netherlands.

Tuesday, November 22, 2016

Bayer Essure: Failure to Inform Patients of Harm or to Follow Patient Outcomes

Bayer’s Essure Contraceptive Implant, Now With a Warning

By RONI CARYN RABIN            NOVEMBER 21, 201

Kim Myers used to compete in rodeo-style barrel horse races, but after being sterilized with an implantable device called Essure, the pain was so intense that she had to stop.
The device’s small metal and polyester coils had pierced her fallopian tubes, her doctor found, so the two implants were removed. But the sharp, laborlike pains didn’t really subside until three years later, when Ms. Myers had a hysterectomy.
Then her surgeon discovered the cause: A piece of metal coil was still embedded in her uterus.

Kim Myers, 53, in the stable at her home in Wesson, Miss. Even after her two Essure implants were surgically removed, her sharp pains didn’t subside until she had a hysterectomy.
EDMUND D. FOUNTAIN FOR THE NEW YORK TIMES
“Doctors kept saying there was nothing wrong with me,” said Ms. Myers, 53, of Wesson, Miss. “I knew, with every fiber of my being, there was still something there.”
Ms. Myers was among a parade of women who testified before the Food and Drug Administration 14 months ago, saying they’d been injured by Essure and urging officials to pull the device from the market.
Essure comprises two small coils, made of a nickel alloy and a polyesterlike fiber, placed in the fallopian tubes through the vagina. The coils are designed to provoke an inflammatory response that causes scar tissue to form and block the tubes, a process that can take three months.
F.D.A. officials declined to withdraw the device, saying that Essure was safe and effective for many women although some experienced “very serious and sometimes debilitating problems.” But last week the agency ordered that a so-called black box warning be placed on the device’s packaging saying it could cause the kinds of injuries Ms. Myers sustained.
The implant may puncture the fallopian tubes and uterus, and travel into the abdomen and pelvic cavity, the warning notes, causing persistent pain and requiring surgical removal.

Officials at Bayer, which makes and sells Essure, say poor surgical skills are to blame for complications like Ms. Myers’s and insist there is no proof the device causes other reported side effects like chronic pain and autoimmune disorders.
“These are so common to women,” said Dr. Edio Zampaglione, Bayer’s vice president for United States medical affairs.


The F.D.A. also took the unorthodox step of guiding Bayer in the development of a new checklist of risks for doctors to review with patients before implanting the device. The three-page checklist is broken into five sections, each followed by a spot for the patient’s initials, and is to be signed by both doctor and patient.
The checklist is not mandatory, and critics say it does not mention many common side effects linked to Essure, like heavy, painful menstrual bleeding.
Some doctors complain that the checklist is intrusive and burdensome, may dissuade physicians from using the implants, and is based on anecdotes rather than scientific clinical trial data. Some providers, including Planned Parenthood, have said they will inform patients of the risks and benefits, but not ask them to sign the document.
“There’s no question there are complications, but there are risks and benefits to everything we do in medicine, and we don’t have good data to establish the magnitude of the problem,” said Dr. Christopher M. Zahn, the vice president of practice for the American College of Obstetricians and Gynecologists.
“Decisions like these should be made based on data that’s appropriately vetted, not a series of anecdotal reports,” Dr. Zahn said, referring to the black box warning and the checklist.
Dr. Zampaglione of Bayer noted that some studies had shown that other methods of permanent sterilization, not just Essure, have caused serious long-term adverse events as well.
The F.D.A. approved the implant in 2002 after a fast-track review process that prioritized the device because it was the first sterilization procedure for women that could be done in a doctor’s office, without an incision and without general anesthesia. It offered an option to tubal ligation, commonly known as having one’s “tubes tied.”
Pain and other serious side effects emerged in the clinical trials of Essure. The device could not always be implanted, and failed to block the tubes in a significant percentage of patients. According to the new checklist, nearly one in 10 women who try Essure cannot rely on it to prevent pregnancy.
The F.D.A. approved Essure after trials lasting a year or two, even though the implant was meant to last for life. By the end of last year, the agency had received nearly 10,000 reports of injuries and pregnancies related to the device, as well as reports of a very small number of fatalities.
Many doctors who insert the implant do not know how to remove it.
By contrast, drug trials are required to have a comparison group of participants who are given a placebo.
Earlier this year, Bayer agreed to begin tracking 1,400 women who have the device implanted over the next five or six years. The study is supposed to report final results in 2023, but is already behind schedule.
This study has a comparison group of sorts: It will also follow 1,400 women who choose a more traditional form of sterilization using laparoscopic surgery.
The women will be followed for three years after the sterilization procedures to see how many in each group develop complications like chronic pelvic pain, heavy bleeding and autoimmune disorders, as well as how often each intervention fails, leading to pregnancy.

Researchers will also track how many women with Essure develop such severe complications that they have to undergo surgery to remove the implants.
http://mobile.nytimes.com/2016/11/21/well/bayers-essure-contraceptive-implant-now-with-a-warning.html?referer=https%3A%2F%2Fwww.google.com%2F

Monday, January 4, 2016

Study: 50% Harmed Women Have Complete Recovery When Bayer Essure Coils Removed

Results of National Center for Health Research study of 1104 women with Essure problems

2015    FiDA highlight
 86% reported pain (mostly pelvic or abdominal)
34% reported excessive bleeding – some bled every day of the month instead of a regular period
22% fatigue
16% hair loss
12% hysterectomy
12% depression
7% allergy

These are all women reporting serious complications, not a random sample of Essure patients.

About 35% had Essure removed and about half of those had a complete recovery.  Only 5% of those who had them removed reported no improvement in symptoms.

http://bit.ly/1PHkokA

Tuesday, October 13, 2015

Perverse Incentives: 10 Times More Likely To Need 'Revision' Surgery: Bayer Essure Study

Higher risk of surgery seen with Bayer Essure contraceptive -study


Oct 13, 2015 
Women implanted with Bayer AG's Essure permanent contraception device were more than 10 times more likely to require post-procedure surgery than those who underwent laparoscopic sterilization, a study published on Tuesday found.
The findings could cast additional doubt on the safety of the Bayer device, which was approved in 2002 as an alternative to surgical sterilization and acquired by Bayer in 2013. It has faced recent scrutiny from U.S. health regulators following numerous patient complaints and calls for its withdrawal from the market.
By one year after the initial procedure, 2.4 percent of Essure patients had required follow-up surgery compared with 0.2 percent of those who underwent the minimally-invasive tube tying procedure, laparoscopic sterilization, researchers found. That translates to about 21 additional surgeries per 1,000 patients receiving Essure, they said.
"Small risk in large numbers of patients translates into large numbers," said study leader Dr. Art Sedrakyan, professor of healthcare policy and research at Weill Cornell Medicine in New York.
"In some instances, these re-operations are quite major surgeries" including hysterectomies, he added.
The study, which analyzed coding data on medical records of some 52,000 women from outpatient ambulatory surgical centers in New York state between 2005 and 2013, was published in the British Medical Journal.
If the New York data were to be extrapolated to Essure use throughout the United States, you come up with about 150,000 patients getting this type of additional surgery, Sedrakyan said.
Both methods of contraception were equally effective, with about a 1 percent risk of unintended pregnancies.
Bayer, in a statement, defended the safety and efficacy of its device and cited limitations of the study, including that it was "based on a single database of one U.S. state" and unclear if it included patients who had Essure implantation in doctors' offices.
Bayer estimates there are about 750,000 women using Essure worldwide, about 70 percent of them in the United States.
Essure consists of two small nickel-titanium coils inserted into the fallopian tubes. Scar tissue forming around the device prevents pregnancy.
Personal injury lawsuits filed against Bayer have claimed the implant led to allergic reactions to nickel, severe pelvic pain, and surgeries to stabilize or remove the device after it shifted. More than 5,000 adverse events have been reported to the U.S. Food and Drug Administration, though it is not always clear what role Essure played in any event.
The FDA last month convened an advisory panel to mull the benefits and risks of Essure, and discuss whether it should face restrictions or label changes. The agency, calling it a high priority issue, said it will review the study findings, its panel's recommendations and public comments "to determine what future actions may be appropriate" regarding Essure. (Reporting by Bill Berkrot; Editing by Andrew Hay)

http://reut.rs/1La54Jv

Friday, February 20, 2015

Bayer Essure 'birth control' Harm is in the news! Sign Change.org petition, please

By Mary Rezac  (FiDA highlight)


Denver, Colo., Feb 20, 2015 / 04:02 am (CNA/EWTN News).- Perforated organs, metal coils lodged in colons, fetal disfigurement due to nickel poisoning. Chronic pain, exhaustion, bouts of depression and suicidal thoughts.

It’s the stuff nightmares are made of. But these are real symptoms that are being blamed on a real medical device, one that is being protected by the FDA. The device, Essure, is a permanent type of birth control in the form of tiny metal coils inserted into women’s fallopian tubes.

But while it’s been on the market since 2002 and has been touted as safe and effective, thousands of people are starting to come forward and question the device, including doctors very familiar with it.

It started out as a standard procedure for Dr. Shawn Tassone, Ob/Gyn. He was inserting Essure coils into a patient. The 10 minute, in-office procedure was supposed to be quick, simple and painless, and it was one he had performed many times before.

“I remember…I put the Essure in, exactly like how you were supposed to, and then as I sat there the tube started to spasm, and it pulled the Essure in,” he told CNA. “It disappeared, it coiled right into the tube.”  

Unsure of how to proceed, he looked at the product manufacturer’s representative, who was in the room with him. The representative told him to just put another coil in the same tube, but Dr. Tassone knew that was against the product’s instructions.  

“I told (the representative) that, and he was like, 'Nah, that’s not necessarily true',” Dr. Tassone said. “And you’re just being told this stuff by these reps who are college graduates, and I’m sure their hearts are in the right place, but they also want you to do the procedure because they get reimbursed more.”

It was through personal experiences with patients, as well as hearing other women’s stories, that Dr. Tassone eventually stopped doing a procedure he’d once been so sure was safe and effective. He said that while he’s not a conspiracy theorist, he does believe there are a large number of women with severe complications from Essure that are not being acknowledged by the medical community at large.

A Facebook group 14,000 strong

A lot of these women can be found on the Facebook group, Essure Problems. Of the 14,000-plus members, the majority are women who share a strange kind of sisterly bond – almost all of them have had Essure, and almost all of them bitterly regret it.  

When the Essure coils are implanted, they are supposed to stay in the fallopian tubes, where they create a chronic infection that will cause scar tissue to form around the coils, effectively closing the tubes and rendering the woman sterile. The device was first manufactured by the group Conceptus and pre-approved by the FDA before hitting the markets in 2002. In June 2014, Conceptus was bought by Bayer, which has continued to manufacture and distribute Essure.

Some possible side effects after the Essure insertion procedure are listed on the product’s website and include: “mild to moderate pain and/or cramping, vaginal bleeding, and pelvic or back discomfort for a few days. Some women experienced nausea and/or vomiting or fainting. In rare instances, an Essure insert may be expelled from the body.”

Angela Desa-Lynch, an administrator for the Essure Problems group, said the women in the group have experienced these problems to the extreme.

“Whatever they’ve put on the label, multiply it by 200,” she said. “They say chronic pain, or they say mild cramping or abdomen pain, but they don’t tell you that it’s debilitating. They don’t tell you that it’s 'I can’t get out of bed and take care of my kids' kind of pain.”

When Desa-Lynch had her Essure coils in, she said she felt like she had the flu constantly. She was 28 years old, and her youngest son was just three months old.

“My little son…he had no idea the real parent I could be, because I was going through all these health problems,” she said. Desa-Lynch had to have a total hysterectomy to remove the coils, but she said the recovery process didn’t end with the removal.  

“You’re mad,” she said. “This is not what I signed up for. I just wanted a birth control, I didn’t want a life time of health issues, and to remove my woman parts, that’s not ok.”

Watching the posts on the page can be an emotional rollercoaster, Desa-Lynch said. She hears from women who’ve become depressed, suicidal, divorced, bankrupt, or a combination of those things after having complications from Essure.

Moving coils and the difficulty of removal

One of the most horrific complications is device migration, where the coil leaves the tube and becomes lodged in other parts of the body, usually the colon or somewhere in the pelvis. This can cause a blocked colon or other complications.

It can be extremely difficult for women who want to have their Essure coils removed. Many doctors will deny that the Essure is the root of women’s problems, because the clinical trials they’ve seen from the FDA claim the risks of such complications are so low.

Additionally, Medicare and most insurance companies classify Essure removal as “cosmetic,” which further disincentivizes doctors to remove the coils and often puts women who require the removal into personal debt.

“One woman had a coil in her colon, she went from a business owner to bankruptcy” after four surgeries to remove it, Desa-Lynch said.

Physical removal of the coils can also be difficult because they are fragile and may break.

“You have fragments now in your body, and we’ve had women where they come back after removal and they have these masses growing in their abdomen,” Desa-Lynch said. “Your body’s going to try to encapsulate whatever foreign object is there, and now you have all these little cysts growing everywhere.”

Both she and Dr. Tassone said that from what they’ve seen, the only completely safe and secure way to make sure all of Essure is removed is a total hysterectomy.

What happens if you get pregnant with Essure?

Then there are the women who become pregnant while using Essure. No sterilization method is guaranteed to work 100 percent of the time, save for a total hysterectomy with removal of the fallopian tubes. According to Essure’s website, the device is 99 percent effective at preventing pregnancy, but that is with so-called perfect use.

In the real world, doctors may misplace coils or a woman’s tubes can heal or push Essure out. Furthermore, women given Essure are told to use an alternative form of contraception for the first three months following the procedure until a second appointment which checks for proper coil placement – but many women fail to follow through on this step.

Given these margins for error, a recent Yale School of Medicine study estimated 96 of every 1,000 women who undergo hysteroscopic sterilization, or Essure, would get pregnant within 10 years. For laparoscopic tubal ligations (known as 'having your tubes tied'), the pregnancy risks were significantly lower: 24 to 30 pregnancies per 1,000 women.

In an e-mail interview, FDA representative Eric Pahon told CNA that clinical trials of women who became pregnant with Essure showed “no increased risk of neonatal or pregnancy complications, as long as the pregnancy is in the uterus. The FDA will continue to monitor the safety of Essure to make certain.”

What the women of Essure Problems have found is that doctors will not remove the coils even if a woman becomes pregnant. Most will automatically recommend abortion, because they don’t know what to do.

“They don’t know what can happen, because there is nickel in Essure and it can leach, and the device can move and perforate the sack and has done it, so because the doctors don’t know how to treat you, that’s the first thing they ask you to do is to terminate,” Desa-Lynch said.

Should a woman with Essure choose to continue the pregnancy – and many of them do – she risks nickel poisoning and device migration to her baby, and a 55 percent chance of miscarriage, according to the numbers from the Facebook group.

“Your baby isn’t growing”

One Essure pregnancy story stood out to Desa-Lynch as particularly jarring. A young woman in the Facebook group, born and raised as a devout Catholic, became pregnant despite being on Essure. At 24 weeks of pregnancy, the doctors told her: “Your baby is not growing.”

Her baby had gotten nickel poisoning, so the brain wasn’t developing and the limbs weren’t growing properly. The young woman was told her baby at best would be severely deformed at birth, if not completely brain dead.

“When you’re Catholic, abortion is not something that crosses your mind, you just think 'ok, well, we’ll deal with this',” Desa-Lynch said.

However, after the grim diagnosis, the young woman chose abortion. Desa-Lynch said the woman doesn’t even comment on the Facebook page because she is so haunted by her experience, but she’s there, and she watches the comments.

“I can’t imagine being in her position,” Desa-Lynch said. “It puts you in a hard spot. Here you think you’re doing what’s right for you, what’s right for your family, and what’s right for your health, and now you’re facing these situations that you don’t even know how to handle and neither does your doctor, and you have to go against all of your morals and values…I don’t know what I would do.”

“It goes against a lot of women’s morals,” she added, “and women get severely depressed. Someone posted just yesterday that one of her good friend’s daughters had (Essure) put in and she killed herself, because they go to a doctor and they don’t listen to you.”

When the suicidal posts started popping up more frequently, the group administrators decided to set up a buddy system of sorts. They connected women in the group with other women who were close by, so that they’d always have someone they could go to who understood their situation. The administrators watch posts closely and alert the smaller state groups of concerning posts.

“We work collectively and united,” Desa-Lynch said. “It’s amazing to see women pull together the way that they have and fight for each other.”

False data and bad numbers

As a medical device, Essure had a questionable start at best. When it was pre-approved by the FDA in 2002, the FDA used clinical trials from the device manufacturer, the company which would profit from the approval and sales of the device, to determine whether or not it was safe for women.

When asked if this process created a conflict of interest, the FDA responded: “Although the manufacturer may submit any form of evidence to the FDA in an attempt to substantiate the safety and effectiveness of a device, the FDA relies upon only valid scientific evidence to determine whether there is reasonable assurance that the device is safe and effective.”

Desa-Lynch and the administrators of Essure Problems have three full sets of records from the clinical trials that show complaints of abdomen pain in women in the trial being marked off as “unrelated.”

Dr. Tassone has seen the clinical trials, and said there are times when the ages of women with complaints or complications are crossed off and altered in order to better fit the picture the manufacturer wanted to portray.

“The clinical trials that they were basing their information on were falsified, and we’ve brought this to the FDA,” Desa-Lynch said. “They (the FDA) just say, 'upon their investigation they find everything to be safe, they find the benefits to outweigh the risks'.”

In addition, it is basically impossible to track exactly what percentage of women with Essure have experienced severe complications. Although Bayer and the FDA know that 750,000 kits have been sold, there’s no one keeping track of how many women have had the procedure.

Further complicating the numbers is the fact that multiple kits can be used for a single procedure. Dr. Tassone said he’s used up to three kits on a single woman, which happens if coils break before or during insertion.  

“We have over 200 women who’ve had two kits used on them,” said Desa-Lynch of the Essure Problems group, “So it’s kind of hard to give a percentage on bad numbers.”

Protected status and incentives

But despite the thousands of complaints, Essure is classified as a Class III medical device, a category reserved for devices with PMA (premarket approval). These devices are pre-empted, which means people injured by the product cannot collect damages from the manufacturer.

Typically, Class III medical devices are live-saving devices such as heart stints. The idea behind preemption is that by protecting companies from having to pay damages, it encourages them to continue creating better devices that are necessary for saving and sustaining lives.

The only Class III, protected medical devices that do not save or sustain life? Essure coils and breast implants.

“This is part of the problem,” Dr. Tassone explained. “When you are having studies being done by companies who are falling apart (Conceptus was bought out by Bayer), you have an inherent bias. If the (product) is revoked, then this multi-million dollar project was flawed somehow and they lose money.”

“And you see that with other devices, there is a lot of money involved, and the FDA is not doing due diligence, because sometimes the FDA has people on it who are not necessarily getting paid, but who are affiliated with some of the big companies.”

Doctors, too, receive incentives for using Essure. If they meet a certain implantation quota, the manufacturer gives them a $20,000 scope that can be used to perform multiple procedures. Doctors also are often paid to attend Essure trainings and conferences.

But Dr. Tassone said he believes that most doctors originally implanted Essure because they were told, and truly believed, it was a safe and effective procedure.

“We were told in the beginning that it doesn’t cause any pain and the initial studies that came out said that,” he said. “It makes it look like the doctors are getting greedy by putting Essure in because we get more money, but in reality, 99 percent of us actually believed it was a good procedure and was safer for the patients and it worked.”

He said the procedure itself is still considered less risky than a tubal ligation, which is an involved surgery rather than an in-office procedure. Still, Dr. Tassone stopped implanting Essure about a year and a half ago, and he said it usually doesn’t take much to convince his patients to opt for a different procedure.

“The way I counsel my patients now, I send them to what the Facebook group says,” he explained. “Usually I tell them Essure is a foreign body and it’s permanent - most women don’t want that, when you explain it that way.”  

Lawsuits and Erin Brockovich

There are only a few pending lawsuits involving Essure at the moment, Desa-Lynch said, because the PMA act goes all the way up to Congress.

But the Essure Problems Facebook group intends to fight until Essure is off the market and the PMA act is changed. And they just might win, because of a certain famous lawyer that has joined their fight.

“It kind of started as a joke on the form, like, 'Let’s e-mail Erin Brockovich, haha',” Desa-Lynch said. But they did, “and she listened!”

The lawyer, made famous from a 2000 film about her life as a single mother and environmental lawyer, has created a website, http://www.essureprocedure.net/, where women who’ve had Essure can share their stories and where she posts the latest news about the fight against the device.

“That right there kicked off the empowerment, that kicked off the movement of 'Ok, we can do this',” Desa-Lynch said.

Dr. Tassone said he’d like to see more acknowledgement from the medical community of the pain and suffering Essure is causing some women, as well as more transparency from the manufacturers.

“Acknowledgement is the first step,” he said. “Like the company saying, 'Yeah, this is a foreign body and okay, let’s take a look at this.' That would go a million miles for some of these people, that maybe, it’s not all just in their head.”

He also wonders whether a device that caused similar reactions in men would even be on the market.

“If you have a coil and you said you were going to use it in men for vasectomies and you were going to insert it in to block the testicle from having sperm come out, would we be doing that or not? Because they could feel that implant,” he said.

“But with tubes, and in women’s health – because everything is on the inside - I think it’s out of sight, out of mind.”

Until the Essure Problems group can get their case pushed through in court, Desa-Lynch said it’s enough for them to keep informing women and to prevent them from getting Essure.

“We’ve saved over 600!” Desa-Lynch said proudly. “We keep track of them. That right there is enough to know that this is the right thing to do.

Again:  the petition to sign is here  https://www.change.org/p/u-s-house-of-representatives-amend-the-biomaterials-access-assurance-act-of-98?utm_campaign=responsive_friend_inviter_chat&utm_medium=facebook&utm_source=share_petition&recruiter=237367236

Monday, January 5, 2015

ESSURE harmed women speak at FDA on January 14: Please donate!

UPDATE 1/12/2015  FiDA Highlight

$3,526
raised of $3,965 goal
ends
in a day


The Case Against Essure
Jan 9, 2015 Kevin Pflug
Defective Medical Devices

Normally, when a company sells a defective product, those who have been injured may file lawsuits seeking compensation for the harm they have suffered. For women who have experienced serious medical complications because of the birth control device Essure, the courthouse doors have been closed. A legal doctrine known as federal preemption has prevented injured patients from filing lawsuits against Bayer, the maker of the medical device.
Last year, a woman filed a lawsuit in Philadelphia challenging the application of federal preemption to Essure lawsuits, alleging that the doctrine should no longer apply to Essure. If the case is successful, it could pave the way for other Essure victims to file lawsuits seeking compensation for their injuries.
What Is Federal Preemption and What Does It Mean For Those Harmed by Essure?
Federal preemption is a legal doctrine derived from the Supremacy Clause of the United States Constitution. Under the Supremacy Clause, federal laws may supersede any inconsistent state laws or regulations. For a federal statute to preempt state law, however, Congress must draft the law to specifically state that it preempts state regulation.
While the federal law governing medical devices, the Medical Device Amendments Act of 1976, contains a preemption clause regarding state regulation of medical devices, the preemption provision does not expressly prohibit lawsuits based on state law tort claims, such as negligence or breach of warranty.  
In 2008, the Supreme Court ruled in the case of Riegel v. Medtronic that the preemption provision of the Medical Device Act prevents injured patients from filing lawsuits based on state law claims involving certain medical devices that have received premarket approval from the FDA. Thus, women who have been harmed by Essure have been unable to file lawsuits against Bayer. This prohibition seems particularly unfair and arbitrary, especially in light of the fact that there is no such limitation on lawsuits involving FDA-approved prescription drugs or other types of medical devices that are cleared by the FDA under its 510(k) program.
Following the Supreme Court’s decision in Riegel v. Medtronic, Inc., the New York Times published an editorial titled “No Recourse for the Injured” decrying the Court’s decision, observing that:
Justice Scalia’s faith in the F.D.A. far outstrips our own. The supposedly expert and rigorous reviewers at the F.D.A. are hardly infallible. They may approve marketing of a device based on questionable evidence and they are notoriously derelict about removing dangerous products once they are on the market.
Moreover, the New York Times reported that when Congress passed the Medical Device Amendments Act in 1976, it did not intend for the law to deprive injured patients of their right to sue medical devices makers:
When it passed the 1976 law, Congress almost certainly had no intention of removing the right to sue. Senator Edward Kennedy, the Senate sponsor of the law, and Representative Henry Waxman, who sat on the House panel that approved it, have both said that Congress had no intention of granting the manufacturers immunity from lawsuits over injuries caused by their devices.
Despite criticisms from the New York Times and others, federal preemption of lawsuits involving certain medical devices remains the law of the land. Unless a judge rules that FDA premarket approval of Essure should be invalidated, Essure victims will be unable to seek compensation from Bayer.
Bayer Failed to Report Essure Problems, Misled FDA
Although the Supreme Court’s ruling made it nearly impossible to successfully sue a manufacturer who made a defective product that the FDA approved, the Supreme Court also ruled that a medical device that has received premarket approval must be manufactured and marketed with almost no deviations from the specifications set forth in the FDA approval application.
In May of last year, a Florida woman filed a lawsuit against Bayer alleging that federal preemption should no longer apply to Essure lawsuits because the company misled the FDA about the safety and effectiveness of Essure and created a dubious marketing scheme that gives doctors a financial incentive to push the product on patients.
The lawsuit alleges that the FDA’s Conditional Premarket Approval (“CMPA”) of Essure became invalid because of Bayer’s failure to comply with the terms of the CPMA order. As a result, Bayer’s CPMA is “invalid and its adulterated product, Essure, should never have been marketed or sold.”
Under the FDA’s Premarket Approval Process, devices can either be “approved,” “conditionally approved,” or “not approved.” The FDA conditionally approved Essure, meaning that the device could be marketed and sold in the United States as long as Bayer complied with a specified list of conditions. One of those conditions requires Bayer to report to the FDA whenever it receives information that reasonably suggests that the device may have caused or contributed to a serious injury. In addition, the FDA conditional approval requires that Bayer’s representations and warranties regarding the safety and effectiveness of Essure must at all times be “truthful, accurate, and not misleading.”
According to the lawsuit, the FDA’s conditional premarket approval of Essure is invalid because Bayer has failed to comply with the conditions set forth in the premarket approval of the device by:
  1. Failing to report and actively concealing perforations that occurred as a result of Essure
  2. Erroneously using non-conforming materials in the manufacture of Essure
  3. Manufacturing Essure at an unlicensed facility
As alleged in the lawsuit, Bayer “actively concealed these violations” and had the plaintiff known that Bayer “was concealing adverse reactions, not using conforming material approved by the FDA, not using sterile cages, operating out of an unlicensed facility, and manufacturing medical devices without a license to do the same, she never would have had Essure implanted.” Failure to comply with just one of the FDA’s conditions could invalidate the CPMA Order.
If the court agrees with the plaintiff’s allegations that Bayer has failed to comply with the FDA’s conditions, the company would no longer be able to claim that Essure lawsuits are preempted by federal law. 
Essure victims may also be able to allege that the FDA’s premarket approval of the device should be invalidated because Conceptus (the company that originally designed Essure and is now owned by Bayer) misled the FDA by failing to report the negative side effects of at least one woman who participated in a clinical trial that the FDA relied upon in approving Essure. The woman who participated in the Essure clinical trial told NBC News that she experienced severe pain that made it difficult to breath and have intercourse; however, the studies that Conceptus submitted to the FDA did not include reports of these adverse reactions. Instead, the company told the FDA that “comfort was rated as good to excellent by 99% of women.”
What Is Essure?
Essure is a permanent birth control device for women. Approved by the FDA in 2002, Essure has been implanted in more than 750,000 women worldwide. Its popularity can be attributed in part to Bayer’s aggressive advertising campaign, which touted the device as “the only non-surgical, permanent birth control available.”
The medical device is a four-centimeter, micro-insert that is placed in the fallopian tubes and prevents pregnancy by causing severe inflammation that is intended to create a total and permanent blockage of the fallopian tubes. Essure’s micro-inserts are comprised of an expanding coil made of a stainless steel inner coil, a nickel Titanium (nitinol) expanding outer coil and polyethylene (PET) fibers. After placement of the coils in the fallopian tubes by Bayer’s disposable delivery system, the micro-inserts expand upon release and anchor into the fallopian tubes. The PET fibers cause inflammation in the fallopian tubes, causing scar tissue to form over the coils, thus blocking fertilization.
On its website, Bayer claims that Essure “works with your body to create a natural barrier against pregnancy.” This statement would be true if your definition of “natural” included the use of plastic fibers to cause severe inflammation and the formation of scar tissue.
Many of the women who experience severe pain after being implanted with Essure may unknowingly be allergic to nickel, a metal used in the device. According to news reports, the FDA originally advised doctors to have their patients undergo a test to determine if they were allergic to nickel before being implanted with Essure, but Conceptus asked the FDA to remove this requirement several years ago. Recent studies have found that ten to twelve percent of women may be allergic to nickel.
Essure Can Cause Serious Medical Complications
Although Bayer claims that serious complications caused by Essure are “rare” and that the device is over “99 percent effective at preventing pregnancy,” these assertions are undermined by the actual experiences of thousands of women across the country who have either experienced debilitating chronic pain or became pregnant after being implanted with Essure. In fact, Bayer’s Essure celebrity spokesperson, Olympic skier and gold medalist Picabo Street, became pregnant after being implanted with Essure. She is no longer a spokesperson for Essure.
Two years after being implanted with Essure, the plaintiff who filed that lawsuit was hospitalized multiple times due to severe pain, fever and fainting spells. Eventually, a CT scan revealed that one of the micro-inserts had migrated from the fallopian tube and became lodged in or behind her colon. It was also discovered that there were three micro-inserts inside the plaintiff (instead of two) because the doctor attempted multiple times to successfully implant the device. The plaintiff eventually underwent a complete hysterectomy and an additional surgery to remove the coil lodged in her colon. According to the lawsuit, she now suffers from several autoimmune and adhesion disorders.
The lawsuit alleges that Bayer did not adequately train the plaintiff’s doctor on how to properly implant Essure. According to the lawsuit, the plaintiff’s physician told her that a representative from Bayer would be present to supervise the procedure. Bayer’s representative allegedly failed to attend and supervise the procedure and it took the implanting physician several attempts to successfully implant Essure in the plaintiff.
Furthermore, the lawsuit alleges that, “the skills needed to place the micro-inserts as recognized by the FDA panel are way beyond the usual gynecologist.” Bayer’s own experts in hysteroscopy (as compared to general gynecologists not on the same level as an expert) allegedly failed to place the micro-inserts in 1 out of 7 clinical participants.
Bayer Gave Doctors Financial Incentive to Push Essure
Doctors who want to implant Essure in patients must have specialized hysteroscopy equipment in their offices to insert the device. As part of Bayer’s Essure marketing program, Bayer provided this hysteroscopy equipment to doctors free of charge. In exchange, the doctors who receive the free equipment must agree to purchase two Essure kits a month from Bayer, regardless of whether he or she has patients that month who actually want the device.
According to the lawsuit, this marketing scheme is an “unreasonably dangerous distribution plan” that was “aimed at capitalizing on and monopolizing the birth control market at the expense of the plaintiff’s safety and well-being.” In addition, the lawsuit alleges that this distribution plan created an environment that “induced the implanting physician to push Essure to patients.”
Essure Victims Organize Online to Raise Awareness
If the court agrees with the plaintiff’s allegations and finds that Bayer has failed to comply with the conditions of the FDA’s premarket approval of Essure, the lawsuit may pave the way for thousands of other women to sue Bayer for their injuries.
In the meantime, thousands of women across the country have turned to social media to raise awareness of the controversy surrounding Essure. For example, a Facebook community page called “Essure Problems” has more than 4,500 likes and the “Essure Uncensored” page on Twitter has nearly 1,500 followers. 
In addition, environmental activist and consumer rights advocate Erin Brockovich has created a website to educate the public about the dangers of Essure. Ms. Brockovich recently appeared on HuffPost Live to speak out against Essure.



According to the Cincinnati Enquirer, Bayer has no comment regarding the social media campaign against Essure. In a thinly-veiled denial, a statement released by Bayer reads: “We are saddened to hear of any serious health condition affecting a patient using one of our products, regardless of the cause.”

Undeterred, Essure victims are taking their fight to the FDA. On January 14, several members of the online group Essure Problems will meet with FDA representatives in Washington, D.C. to urge the agency to rethink its approval of Essure. The group is currently seeking donations to fund its trip to Washington.



DONATE HERE!           FiDA highlight

This fundraiser is to help with expenses to send six Essure Problems group administrators to Washington, DC for meetings to address Essure, it's safety and effectiveness, the FDA's role in Essure, and ultimately to impress upon those there that Essure needs to be removed from the market.

$1,712raised of $3,182 goal with 5 days remaining   DONATE HERE!85 donors


Updates


12/31/2014
by Carrie Hirmer
From admin Amanda Dykeman: 
I just received a call from Ben Fisher, Director, Division of Reproductive, Gastro-Renal, and Urological Devices Office of Device Evaluation in the FDA.  WE LANDED OUR MEETING IN FRONT OF THE FDA LADIES!! We have 1 hour on the floor in front of the new CDRH ombudsman, staff that has prior experience with essure, and staff from the office of device evaluation and compliance!! On January 14, at 9:30 am tentatively we will finally have our time to shine!!!!  DONATE HERE!
12/30/2014
by Carrie Hirmer
With your help, we are almost 1/4 of the way to our goal!  Thank you for your faith and trust in us and for allowing us to be your voices!
We want to show key lawmakers and other decision-makers in DC the issues faced by not only the women with Essure, but also the impact it has on the family unit as a whole.  DONATE HERE!

Your generosity and support has been amazing so far, but we still have a long way to go.  Please continue to support our efforts and share with others you think might be interested in supporting us as well.  We will not rest until the facts about Essure are known and your voices are heard!
The FDA restricts harmed patient access to speak by limiting the number of meetings and locating the meetings far from hotels and public transportation.  These women are risking their health and stretching family finances to fight for something that the government promised to do:  only clear safe and effective medical devices.  Please donate to show your support for their mission.  Any amount will do that.  
Estimate of travel costs
Hotel: $160/night
Flight:  $200 RT
Transportation: $60
Food: $40
Total:  $460/pp per day