On Thursday, Bayer announced it was settling the long-standing Essure® litigation for $1.6 billion. Attorney Erin Copeland has been a lead member of the court-appointed Plaintiffs’ Executive Committee for the Essure® JCCP pending in Oakland, California, which oversees close to 30,000 Essure® injury cases. This settlement will resolve the majority of all claims in the U.S.
“I am very pleased to see an end to what has been a long and hard fought match with Bayer,” says Copeland, “For many years, the Essure® victims were told they had no chance of success, given the many legal hurdles—especially preemption (corporate immunity), which made it very difficult for them to even get legal representation early on. This result is a win for those who believed there was no hope.”
In 2017 Attorney Erin Copeland was appointed by Judge Winifred Smith to the Plaintiffs’ Executive Committee for the Essure® California Joint Council Coordinated Proceedings (JCCP) and was one of a few, select lawyers who led the litigation.
“We, as the lead lawyers in the California JCCP case, were told for many years that we were in way over our heads because of all of the complex legal hurdles,” says Copeland regarding the lawsuit against Bayer. “I am so proud to have proven all of the naysayers wrong and, most importantly, to provide these wonderful women who have suffered far too long with some good news.”
The $1.6 billion settlement announcement comes approximately two years after Bayer announced it was discontinuing sales of the Essure® device in the US and almost four years since the FDA required Bayer to include a black box warning on the Essure® label, along with a multi-page checklist for patients to acknowledge certain risks involved with the device.
“Litigation dynamics aside,” says Copeland, “the attorneys on both sides approached this very difficult case with mutual respect and much professionalism, all of which has led to this result.”
Fibich, Leebron, Copeland & Briggs is a premier personal injury firm located in Houston, TX, serving clients nationwide who have been harmed by the use of dangerous drugs, medical devices, and defective products. Collectively, they have recovered over $1 billion for injury victims and are highly-regarded as one of the nation’s strongest advocates against the misconduct of major corporations.
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