Women upset after court rules that birth control was not responsible for their injuries.

A group of women who experienced severe pain and bleeding after getting a permanent contraceptive device implanted were disappointed when a judge recently ruled that the device was not the direct cause of their symptoms. The ruling, handed down by Victorian Supreme Court Justice Andrew Keogh on Tuesday, marked the end of a five-year class action against Bayer Australia and five other companies. The legal battle, led by Victorian resident Patrice Turner, alleged that the women suffered harm as a direct result of the Essure device being inserted into their bodies.

One of the women, Patrice Turner, underwent a hysterectomy at the age of 32, just five years after having the device implanted into both of her fallopian tubes. She claimed that she experienced severe pelvic pain and heavy bleeding, which only resolved after she underwent a major abdominal surgery. Along with the other 1400 women involved in the class action, Turner accused Bayer Australia and the other companies involved in the design, manufacturing, and marketing of the Essure device of breaching their duty of care.

However, Justice Keogh did not find enough evidence to support their claims. He was not convinced that the Essure device caused inflammation and subsequent pain and abnormal bleeding in women. He stated that these symptoms are common among women of reproductive age and can be attributed to a variety of causes. He also noted that while there is a small risk of the device migrating or being expelled from the fallopian tube, or leaking metal into the body, these risks are often associated with the insertion process. He did not believe there was a risk of the device breaking down once inside the body.

Tanya Davidson, a woman from Bendigo and one of the class action members, was present in the Supreme Courtroom on the day of the ruling. She expressed her disappointment with the judgment but also said that she was grateful for the opportunity to have their case heard in court. She stated that the money was never the goal for her and that she wanted to prove to the male doctors that her pain was not all in her head. She also warned other women to do their own research before getting any contraceptive device implanted, sharing her own experience of suffering from heavy metal poisoning after getting the Essure device inserted, which affected her short-term memory and language skills.

Bayer had discontinued the Essure device in 2017 for commercial reasons. In response to the ruling, the company issued a statement welcoming Justice Keogh's decision and stating that the safety and efficacy of Essure had always been backed by science. They also reassured women who currently have the device implanted that they can continue to rely on it.

Slater and Gordon, the law firm that represented the class action, stated that they would consider the judgment before deciding whether to appeal. They also expressed their gratitude to lead plaintiff Patrice Turner for her courage in giving evidence on behalf of the group. The law firm also thanked the 1400 women who stood with Ms. Turner in bringing the class action.

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