Essure Birth Control Lawsuit: What Is Left After the $1.6 Billion Settlement
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Essure was a metal-coil implant placed in the fallopian tubes as permanent birth control. In the U.S., Bayer agreed in August 2020 to pay around $1.6 billion to resolve about 90% of nearly 39,000 injury claims. The newest headline is from Britain: on July 14, 2026, the law firm leading a group claim of around 200 women advised them to abandon it. There is no open U.S. claim form, no class fund and no deadline to file with anyone.
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Reviewed by Leonard Goldberg, Editor · Last updated
What the Lawsuits Alleged
Essure was developed by Conceptus, which Bayer acquired in 2013; the FDA approved it in 2002. It was marketed as permanent sterilization that did not require surgery or anesthesia.
The lawsuits allege that the coils could pierce the tubes and that metal parts could break loose and migrate to other parts of the body. One line repeated across the Pennsylvania complaints, as quoted by Drugwatch, says the device “migrates from the [fallopian] tubes, perforates organs, breaks into pieces, and/or corrodes.” Plaintiffs also alleged that adverse events were not properly reported to the FDA. Bayer has denied wrongdoing and says the benefit-risk profile of Essure is positive.
Case Details
United States. Essure claims were never one federal class action or MDL. They ran as thousands of individual injury suits, mainly in California state court and in Pennsylvania. In California, Alameda Superior Court Judge Winifred Smith ruled that the claims were not preempted by the device’s FDA approval. A later federal example is Baca v. Bayer Corp., No. 2:23-cv-02280 (E.D. Pa.), filed in June 2023 by several women; according to Drugwatch, proceedings there were stayed until February 2025 for settlement talks; we could not confirm the docket’s later status.
United Kingdom. In September 2023 the High Court approved a group litigation order for around 200 women. Netherlands. Stichting Essure Claims, joined by 17 health insurers, is suing Bayer in the District Court Midden-Nederland (official foundation site).
Status: U.S. Mostly Settled, UK Claim Dropped, Dutch Case Pending
UK: dropped in July 2026. On July 14, 2026, Pogust Goodhead said it had advised around 200 claimants to abandon their claim because it would likely fail at trial. Reports describe a walk-away deal: Bayer admits no liability, pays no damages and neither side pursues costs.
Netherlands: still pending as of October 2026. In an interim judgment on February 11, 2026, the Dutch court did not decide on liability. Instead, it ordered Bayer to produce documents and said it intends to appoint experts.
Who Could Be Affected
Women who had an Essure implant. In the U.S., Bayer stopped selling and distributing it on December 31, 2018, after an FDA order in April 2018 restricted its sale. In the UK, Bayer sold it between 2009 and 2017, and it left the European market in September 2017.
If you already had a U.S. lawyer and a pending claim before 2020, your case was most likely part of the 2020 deals. Ask your own lawyer about its status. If you never filed, there is no class to join. Any new individual case depends on your state’s statute of limitations, which usually runs from when an injury was discovered. Only a licensed attorney can assess that.
If you had Essure implanted in the Netherlands, the Dutch collective case is the relevant one. The foundation says the period for women to opt out after the January 8, 2025 standing ruling has ended.
What Essure Claims Have Paid
In the UK, the outcome reported in July 2026 is zero: no damages and no costs either way. In the Netherlands, nothing has been awarded as of October 2026. Today there is no open settlement, no fund and no claim form for Essure anywhere. For how other settlements divide funds, see our payout calculator.
How cases like this one end
Our copy of the federal courts’ own case database covers 166,050 health care/pharmaceutical product liability casesclosed in U.S. federal district courts between 2015 and 2025:
- 34.5% ended in a settlement recorded by the court. Another 17.9% were dismissed voluntarily, which often follows a private settlement — so the real settlement share sits between 34.5% and 52.4%.
- 9% were decided on a motion before any trial.
- 1 in 2,863 reached a trial (0%), after a median of 32 months.
- Median time from filing to the end of the case: 26.3 months.
- Almost none record a money award in this data (18 of 166,050), and the recorded figures are capped, so we do not publish an average.
These are base rates for this type of case (federal health care/pharmaceutical product liability cases) — not a prediction about this lawsuit, and not legal advice. Source: Federal Judicial Center, Integrated Database (civil), analysed by Settlement Insight. Cases heard in state courts are not included.
Essure Litigation Timeline
- 1
2002 — FDA Approves Essure
Conceptus markets the implant as non-surgical permanent birth control. Bayer buys Conceptus in 2013.
- 2
April 9, 2018 — FDA Restricts Sales
The FDA restricts Essure sales so women get adequate risk information first. Bayer stops U.S. sales and distribution on December 31, 2018, citing declining sales rather than safety.
- 3
August 20, 2020 — $1.6 Billion U.S. Settlement
Bayer says it will pay around $1.6 billion to resolve about 90% of nearly 39,000 U.S. claims, without admitting liability.
- 4
September 2023 — UK Group Claim Cleared
The High Court approves a group litigation order for around 200 women. Bayer says it will defend the claims vigorously.
- 5
February 11, 2026 — Dutch Interim Judgment
The District Court Midden-Nederland makes no liability finding yet. It orders Bayer to produce documents and plans to appoint experts.
- 6
July 14, 2026 — UK Claim Abandoned
The lead firm advises the roughly 200 UK claimants to drop the case. Reports describe a walk-away deal with no damages and no costs.
Three Things to Watch For
Searches for an “Essure birth lawsuit” often lead to recycled mass-tort pitches. Watch for these with Essure:
“Claim your share of the $1.6 billion Essure settlement”
That money resolved claims already filed by about 90% of nearly 39,000 claimants. The sources we reviewed describe no public claims portal. A site asking for your Social Security number or a fee to “release” your share is not connected to the settlement.
“New Essure class action — sign up now”
As of October 2026 there is no U.S. Essure class action open for sign-ups, and the UK group claim was dropped in July 2026. Ads that use the UK headline to recruit U.S. clients are describing a case that reportedly ended with no damages.
Calls urging removal surgery “to qualify”
The FDA says women who have used Essure successfully can and should keep it. Removal is a medical decision for you and your gynecologist. It should never be made because a caller says it will increase a settlement.
Essure Lawsuit — Questions People Actually Ask
Is there still an Essure birth control lawsuit?
Largely no in the U.S. Bayer settled about 90% of nearly 39,000 claims in 2020, and some individual cases continued afterward in California and Pennsylvania. The UK group claim was abandoned in July 2026. The main active case is the Dutch collective action, which is still pending as of October 2026.
How much was the Essure birth settlement per person?
Bayer never published per-person amounts. The total was around $1.6 billion for about 90% of nearly 39,000 U.S. claims.
Can I still file an Essure claim?
There is no claim form and no class fund. A new individual lawsuit depends on your state’s filing deadline, which usually runs from when the injury was discovered, and on whether a lawyer will take it. Drugwatch says its partner firms no longer accept Essure cases.
Why was the UK Essure claim dropped?
On July 14, 2026, lead firm Pogust Goodhead said the claim would likely fail at trial. Reports say independent King’s Counsel found the medical evidence insufficient to prove causation. Under the reported walk-away deal, Bayer pays no damages and admits no liability.
Did Bayer admit Essure was dangerous?
No. Bayer said the 2020 agreements contain “no admission of wrongdoing or liability” and that it stopped selling Essure because of declining sales, not safety. It says the device’s benefit-risk profile is positive.
I still have Essure. Do I need to have it removed?
Not because of the lawsuits. The FDA says women who have used Essure successfully can and should continue to do so. If you have pain, abnormal bleeding or other symptoms, talk to a gynecologist. See the FDA’s Essure page.
What is happening in the Netherlands?
Stichting Essure Claims and 17 health insurers sued Bayer in April 2023. The court confirmed the foundation’s standing on January 8, 2025. On February 11, 2026, it ordered Bayer to produce documents and said it intends to appoint experts before deciding liability.
Are other birth control lawsuits still open?
Yes, for different products. See our pages on the Paragard IUD lawsuit and the Depo-Provera lawsuit, or browse open settlements.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.