In July 2023, the Essure Claims Foundation initiated a collective action against Bayer, the German pharmaceuticals corporation, on behalf of approximately 1,700 Dutch women at the Central Netherlands District Court.
Claims Over the Essure Sterilization Device
The plaintiffs alleged that Bayer’s Essure sterilization device had inflicted significant harm, particularly to their fallopian tubes and uteruses. They sought compensation ranging from 10,000 to 40,000 euros per person. Sixteen Dutch health insurers decided to join the collective lawsuit.
The Foundation estimates that around 4,000 Dutch women have undergone the removal of the Essure device, with most cases necessitating surgical intervention, which often involved the removal of the fallopian tubes and, in some instances, the uterus.
Essure was taken off the market in 2017. In 2020, Bayer settled for 1.6 billion dollars with victims in the United States; however, the company has consistently declined to engage in settlement discussions in The Netherlands.
Court Declares the Foundation Admissible
In a ruling dated 8 January 2025, the Central Netherlands District Court declared the Foundation admissible to pursue the claims, applying the WAMCA to all claims.
Why the WAMCA Applies to the Essure Claim
The District Court of Midden-Nederland’s analysis regarding the WAMCA’s applicability is particularly noteworthy. The Court holds that the events in question extend beyond the 15 November 2016 cut-off date. Consequently, WAMCA applies to all claims brought by the Foundation.
Unlike the Amsterdam District Court in the Allergan breast implants case, the Central Netherlands District Court has opted not to divide the case into separate parts.
Had the Court chosen to bifurcate the case, the previous law (WCAM) would have applied to claims for damages from women who received the Essure implant before 15 November 2016, while the new law (WAMCA) would have governed claims from those who received implants on or after that date. The Court considers such a bifurcation inefficient.
Author: Dr Kees Jan Kuilwijk, attorney and author of Class Action Litigation in the Netherlands.
