Understanding the legal situation in regards to suing for injury from Essure
Start by reading this blog, by Kevin Pflugg
There are currently 5 cases filed in PA by KPW Law Firm. The current status of the suits can be found here. http://www.scrippsmedia.com/kgun9/news/Federal-judge-awaits-reply-from-company-that-owns-controversial-Essure-birth-control--306335691.html?lc=Smart
To contact KPW for an essure retainer, click here. http://www.kpwessure.com/
If the judge makes a decision to go forward with these 5 cases, it opens the door for the rest of us. If the judge throws the cases our due to preemption, we come up with a different plan, and we won’t stop until we are heard! This is a process that takes time, a lot of time, so please be patient and understand that KPW is doing an amazing job. (KPW also was the firm to file the citizen’s petition for us, sparking the investigation by the FDA)
In the meantime, law firms all over the country are sitting in waiting. They are starting to advertise and collect clients. Many of them are SELLING these client lists to other firms. KPW is the ONLY law firm that has the information and research this admin team has been providing for the past year! Be very very careful about signing with a law firm who is soliciting you. If you have any questions about particular firms, you can PM an admin and we can tell you what we know. KPW understands that it is going to take more than one firm to do this once it takes off, and they are currently communicating with national firms. We want all of you to know your options, and choose a firm that isn’t just going to sell your case or refer you out to just collect the referral fee.
One other attorney that the admins have spoken to and feel confident in recommending is Holly Ennis, from Ennis Law. She has provided a simple explanation of what the proceedings will most likely look like. I have added her statement here below.
Holly Kelly Ennis
I have been involved in a lot of these product cases and they are all very similar. The Essure is obviously different due to the preemption issue, but if preemption is overridden, it will follow a similar course. If preemption looks like it will be overridden, you will see attorneys all over the country scrambling for these cases. It is obviously already starting.
Anyway, the judicial panel should definitely create an MDL as there are potentially thousands of these cases. http://definitions.uslegal.com/m/multi-district-litigation/ When they create and MDL, they appoint one Federal Judge to oversee all of the litigation from cases all over the country. These cases are filed in Federal Court and the panel will have just one judge overseeing everything to prevent inconsistent rulings and duplication of efforts from courts across the country.
There are ways to keep some of the cases locally in state courts, but the majority of the cases will be centralized in one of one federal judge. For example the Mirena MDL is pending in NY, the Yaz one was in Illinois.
Once the cases get centralized in front of one judge, there are certain committees that get formed to oversee and steer the litigation. The Plaintiff's steering committee is the first and most important committee. There are usually 2-4 major law firms on this committee and they coordinate and control the litigation. Again, this is to prevent duplication of efforts, etc. They will create a master complaint to be used for all filed cases, facts sheets, discovery, etc. They oversee and direct the litigation as you can't have attorneys all over the country litigating these separately.
They will also form committee of law firms and lawyers to do work.
They will likely try a few bellwether or test cases to determine a verdict range and to get an idea of what evidence the jury finds convincing etc or problems. Then most of the times the cases settle. Usually there is a grid, for lack of a better term or tiers of settlement figures based upon the type of injuries sustained. There is always a category for extraordinary injuries and settlement sums can go up or down depending on the circumstances.
I am just generally trying to explain how the potential mass tort Essure cases will likely be handled
I think KPW has done a great job too. I have read their briefs and work. However, I want to point out a couple of things. It will take several major law firms to litigate these cases against Bayer. One firm simply does not have the resources, nor the leverage to do it. There are potentially thousands of cases and there will be lawyers advertising like crazy after the Pennsylvania ruling. I truly believe in these cases and I will continue to work on them, but It will take many firms to get these cases resolved.
There will not be a Class Action. All of these cases will be individual.
I would love to help and represent as many Essure ladies as I can. I have truly been touched and amazed at this group. I have worked with a lot of female clients and none have been like the E-sisters. The article I wrote about the group was truly heartfelt. I am finishing up another article tonight. If anyone has any particular slant or article you want written and published on whatever Pr websites I can get, Please let me know. I am happy to write articles to promote this cause.