Bayer has agreed to pay $1.6 billion to settle about 90 percent of the 39,000 legal claims in the U.S. over injuries women stated were related to their use of the company’s Essure birth control device.
The U.S. settlements include all of the jurisdictions with significant volumes of Essure cases, including the state of California Joint Council Coordinated Proceedings and Federal District Court for the Eastern District of Pennsylvania. It also includes an allowance for outstanding claims. The German company said of the agreement:
“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.
There is no admission of wrongdoing or liability by Bayer in the settlement agreements.”
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In 2018, Bayer said it would end sales of the birth control product in the U.S. due to declining sales. They indicated the decision was not based on safety concerns.
Bayer bought Monsanto, the maker of Roundup, for $63 billion in 2018.
The agreement follows a $10.9 billion settlement in June of U.S. lawsuits claiming the company’s weedkiller Roundup caused cancer.
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Bayer reported a net loss of $11.23 billion in the second quarter of 2020 due to charges for Roundup and other legal settlements. The charges result mainly from the $10.9 billion Roundup settlement, but also settlements on dicamba, another weed killer, and on wastewater contaminated with PCB.
The settlements in the U.S. have no bearing on pending litigation in other countries.
