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FNJ Files Tragic Ariel Grace Essure Lawsuit in North Carolina

December 28, 2016 · FLEMING | NOLEN | JEZ, L.L.P.

essureDecember 16, 2016: Fleming, Nolen & Jez sued Bayer, Corp., Bayer Healthcare LLC; Bayer Essure®, Inc. (F/K/A Conceptus, Inc.); Bayer Healthcare Pharmaceuticals, Inc., and Bayer sales representative Christopher Ford Williams for injuries sustained by North Carolina mother, Kristiana Tweed Burrell.

Back in December 2013, North Carolina physician Dr. Stacy Travis admitted Mrs. Burrell to Mission Hospital for an Essure® procedure. Essure® is a medical device consisting of metal coils inserted into the fallopian tubes, where it is supposed to cause the formation of tissue that will block the tubes and block the eggs released by the ovaries from being fertilized. However, Mrs. Burrell had two follow-up tests both indicating that Essure® was not providing contraceptive protection and confirming that the Essure® sterilization procedure had failed.

Although she was using other birth control methods, Mrs. Burrell became pregnant, and on June 7, 2015 developed abdominal pain and vaginal bleeding, followed by spontaneous rupture of membranes and partial delivery of a breech baby at home. She was admitted via the Emergency Department to Mission Hospital. In the early morning hours of June 8, 2015, Mrs. Burrell delivered a stillborn baby girl that she and her husband Travis named Ariel Grace Burrell. According to her complaint, and her medical records, Mrs. Burrell was told “by one of the OBs that the Essure likely caused the abruption.”

Mrs. Burrell further alleges that she was admitted to Mission Hospital to remove Essure® with a preoperative diagnoses including “failed Essure.” The Operative Report, reflects that the specimens taken included “Essure coils eroding through left fallopian tube,” and a pathologist noted that Mrs. Burrell’s left fallopian tube had an Essure coil protruding through the serosa near the isthmus.

Mrs. Burrell’s complaint contends that because the Essure® coils extended into the uterine cavity, the fetal membranes were in direct contact with the blunt tips of the Essure® implants, and that the metallic devices caused a premature rupture of the membranes causing the abruption and stillbirth of baby Ariel Grace.

“This tragic case is sadly one of thousands that have or will be filed for woman who allege that they have been harmed by the Essure® birth control medical device,” said Rand Nolen, one of Mrs. Burrell’s lawyers.

Mrs. Burrell has sued in both her individual capacity and as the Administratrix of the Estate of Aerial Grace Burrell, Deceased. The case is pending In The General Court Of Justice Superior Court Division in Buncombe County, North Carolina.

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