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Friday, December 27, 2024 | Digital Edition | Crossword & Sudoku

Women’s despair after losing contraception class action

Patrice Turner (centre) led the class action claiming women suffered harm from the Essure device. (Diego Fedele/AAP PHOTOS)

By Tara Cosoleto in Melbourne

Women who suffered debilitating pain and bleeding after a permanent contraceptive device was implanted say they are disappointed a judge found it did not directly cause their symptoms. 

Victorian Supreme Court Justice Andrew Keogh handed down his decision on Tuesday, marking the end of a five-year class action against Bayer Australia and five other companies.

The class action, led by Victorian Patrice Turner, claimed women suffered harm as a direct result of the Essure device being implanted into their bodies.

Ms Turner underwent a hysterectomy at 32, five years after the permanent contraceptive device was inserted into both of her fallopian tubes.

She claimed she suffered severe pelvic pain and heavy uterine bleeding, which resolved after she underwent the major abdominal surgery.

Ms Turner and the 1400 class action members alleged Bayer Australia and the other companies involved in Essure’s design, manufacturing and marketing breached a duty of care.

But Justice Keogh found their claims could not be made out.

The judge was not satisfied they established the Essure device caused inflammation, and subsequent pain and abnormal bleeding in women.

Women of reproductive age commonly have those symptoms and they can be attributed to a broad range of causes, the judge said.

Justice Keogh also noted while the device could migrate, be expelled from the fallopian tube or leech metal into the body, the risks were small and often associated with the insertion process.

He did not accept there was a risk the device would break down once inside the body.

Bendigo woman Tanya Davidson was one of the class action members who filled the Supreme Court room for Tuesday’s decision.

She described the judgment as disappointing, but said she was grateful the women had their day in court.

“We were heard,” Ms Davidson told reporters.

“The money would never have changed anything – I was here to prove to the male doctors it was never in my head.

“I can hold my head high and say I did it. I’m proud we made it here.”

Ms Davidson said she experienced heavy metal poisoning after the Essure device was implanted, leading to impaired short-term memory and language skills.

She urged other women to do their own research before having contraceptive devices implanted.

“Learn from me and what I have lost,” she said.

Bayer discontinued the Essure device in 2017 for commercial reasons.

The company on Tuesday welcomed Justice Keogh’s decision, saying Essure’s safety and efficacy had always been backed by science.

“The health and wellbeing of women who rely on our products is our greatest priority,” a company spokeswoman said in a statement.

“Women who currently have Essure may continue to confidently rely on the device.”

Slater and Gordon, who ran the class action, said they would consider the judgment before deciding whether to appeal.

“We are profoundly grateful for the courage of lead plaintiff Patrice Turner in giving evidence in this proceeding on behalf of the group,” a spokeswoman said in a statement.

The law firm thanked the 1400 women who stood with Ms Turner in bringing the class action.

Australian Associated Press

Australian Associated Press

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