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Bayer AG and plaintiffs lawyers have reached a $1.6 billion proposed agreement to resolve U.S. injury claims involving its female sterilization device Essure. The settlement includes in all jurisdictions with high volumes of Essure litigation, such as the coordinated cases in California and lawsuits in the U.S. District Court for the Eastern District of Pennsylvania, Bayer reports, resolving about 90% of the nearly 39,000 total claims that the implant caused side effects such as hair and tooth loss, chronic bleeding, miscarriages and death of both Essure recipients and their infants.

“With the settlements, Bayer resolves virtually all of the U.S. Essure litigation so that the company can focus on its commitment to women’s health, where it has long been a leader, without the distractions and uncertainties associated with this litigation,”Bayer said in a statement. The  company stated in a news release that there is no admission of wrongdoing or liability by Bayer in the settlement agreements.

Plaintiffs attorneys from Motley Rice; Fibich Leebron Copeland Briggs; Wexler Wallace; and Grant & Eisenhofer primarily negotiated for plaintiffs in the resolution, with DLA Piper largely stepping in for Bayer, according to a spokesperson from Motley Rice. Motley Rice’s Fidelma Fitzpatrick, who is lead counsel of the plaintiffs’ executive committee for the California Joint Council Coordinated Proceedings and helped to negotiate the deal, said the proposed settlement would provide expedited relief to thousands of women. 

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Alaina Lancaster

Alaina Lancaster, based in San Francisco, covers disruptive trends and technologies shaping the future of law. She authors the weekly legal futurist newsletter What's Next. Contact her at [email protected]. On Twitter: @a_lancaster3

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