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Bayer AG (OTCMKTS: BAYRY) agreed to pay approximately $1.6 billion to settle almost all of the lawsuits alleging that its Essure birth control device harmed thousands of women.

The German multinational pharmaceutical and life-sciences company said its settlement agreements with the law firms representing plaintiffs will resolve 90% of the nearly 39,000 filed and unfiled lawsuits in the United States.

The plaintiffs alleged that Bayer failed to disclose the serious side-effects of using Essure. They claimed that they suffered serious injuries such as perforation of the uterus and fallopian tubes, abdominal pain because the birth control devices broke into pieces. The plaintiffs also claimed to have experienced menstrual issues, miscarriages, and unintended pregnancies from using Essure.

Bayer denied wrongdoing and in December 2018. The company decided to stop selling Essure in the U.S. Bayer used preemption as a legal defense to dismiss Essure lawsuits. The company argued in courts that it is protected from lawsuits alleging that it failed to warn the public regarding the risk of using Essure because the U.S. Food and Drug Administration (FDA), a preeminent entity approved the birth control device.

Some courts dismissed Essure cases based on Bayer’s preemption argument. However, courts in California, Illinois, and Pennsylvania allowed Essure cases to proceed.

On Thursday, Bayer said the settlement agreements will resolve a significant number of Essure lawsuits filed with the California Joint Council Coordinated Proceedings (JCCP) and Federal District Court for the Eastern District of Pennsylvania (EDPA).

Bayer settlement “would provide expedited relief to thousands of women”

In a statement, the company said, “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 also expressed its sympathy with all women who experienced adverse health conditions regardless of the cause. The company reiterated its conviction that it “continues to stand by the science supporting the safety and efficacy of Essure.”

Fidelma Fitzpatrick of Morley Rice and the Lead Counsel for plaintiffs said, “Bayer’s proposed settlement to resolve Essure claims would provide expedited relief to thousands of women.”

“While we would have been ready for trial if needed against Bayer, to be able to get the assistance Essure’s victims need while avoiding putting their very personal lives on trial is reassuring for many. Women have suffered for years not only physically, but also emotionally and financially from the often enormous Essure-related medical bills they face,” added Fitzpatrick in a statement.

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