Tennessee Essure Lawsuit Lawyer
If you had the Essure birth control implant placed and have lived with pain, bleeding, or complications since, the decision in front of you is whether to pursue a claim and how much time you realistically have to do it. Fox, Farley, Willis & Burnette is a Tennessee personal injury law firm that represents seriously injured people and their families across East Tennessee and throughout the state. Anyone looking for a Tennessee Essure lawsuit lawyer should know at the outset that Tennessee gives injured people very little room on timing.
Essure was a permanent contraceptive made of small metal coils placed in the fallopian tubes. For many women the device worked as intended. For others it was linked to chronic pelvic pain, heavy or irregular bleeding, migrated or perforated coils, allergic-type reactions, and in some cases the need for a hysterectomy to remove the device. Removal is often not a simple outpatient fix, because coils can fragment or embed in tissue. A woman who has had that surgery has records, pathology, and a medical timeline that matter a great deal to any claim.
The legal picture is also not simple. Device cases raise questions about who made, sold, and implanted the product, what each party knew, and whether federal rules on medical devices limit what can be brought in state court. Whether your situation supports a claim depends on facts a lawyer has to look at: when the implant was placed, when symptoms began, when the device was removed, and what your records show.
Situations That Lead to Essure Claims in Tennessee
- Chronic Pelvic Pain After Placement: Persistent or worsening pain that began after the procedure and that doctors tied, or could not rule out as tied, to the coils. Dated medical notes showing when the pain started carry real weight.
- Abnormal Uterine Bleeding: Heavy, prolonged, or irregular bleeding that interfered with work and daily life, sometimes leading to anemia or repeated treatment.
- Device Migration or Perforation: Coils that moved out of position or penetrated the uterus or surrounding tissue, often discovered through imaging or during a surgical consult.
- Removal Surgery and Hysterectomy: Procedures to take out the device, including hysterectomy, with the surgical and pathology records that show what was removed and what was found.
- Metal Sensitivity and Allergic-Type Reactions: Rashes, fatigue, joint pain, or other systemic symptoms some patients attributed to the metal components of the device.
- Unintended Pregnancy: Pregnancies that occurred after placement when the device was expected to provide permanent contraception, sometimes with pregnancy complications.
- Possible Implanting-Provider Issues: Situations where the way the device was placed, confirmed, or followed up raises a separate health care liability question that carries its own shorter rules.
The Timing Problem: Tennessee’s One-Year Rule
Most personal injury lawsuits in Tennessee must be filed within one year, a deadline set by Tenn. Code Ann. § 28-3-104(a)(1) and one of the shortest in the country. That matters here because Essure injuries often unfold slowly. Many women lived with symptoms for years before anyone connected them to the device, and the question of when a clock starts for a latent injury, and whether it was triggered by placement, symptoms, diagnosis, or removal, is exactly the kind of issue that has to be analyzed early and carefully. We cannot tell you from a web page which date applies to you, and nothing here should be read as a promise that a claim remains open.
If the claim involves the doctor or facility that placed the device, the rules can be tighter still. Health care liability claims in Tennessee carry a one-year limitations period and a separate three-year outer limit under § 29-26-116. If the person hurt was a minor when the injury occurred, the period generally does not begin until she turns 18. Where the injury ended in a death, the wrongful death right passes first to the surviving spouse, then to children or next of kin, or to a personal representative, and the one-year period is measured from the date of the injury.
Tennessee also applies modified comparative fault. You can recover only if you are less than 50 percent at fault, and any award is reduced by your share. In a device case, defendants may try to point to other causes of your symptoms, your medical history, or a nonparty, and Tennessee allows fault to be assigned to nonparties. Tennessee also generally limits noneconomic damages such as pain and suffering to $750,000, with a higher limit of $1 million for defined catastrophic losses under § 29-39-102. Economic damages, such as medical expenses and lost income, are not capped.
Why Choose Fox, Farley, Willis & Burnette for an Essure Claim
Fox, Farley, Willis & Burnette represents people with serious and permanent injuries throughout Tennessee, including clients in Knox, Anderson, Sevier, Blount, and Campbell Counties and beyond. Our trial lawyers handle cases in state and federal court, and the firm has recovered over $100 million for clients. Our attorneys bring more than 170 years of combined experience, and two of our partners spent the early part of their careers defending insurance companies, trucking companies, and businesses, so they understand how manufacturers and their insurers evaluate and attack injury claims from the inside.
Bruce D. Fox, a co-founder, has tried more than 125 jury trials in state and federal court, is a member of the American Board of Trial Advocates, received the Tennessee Trial Lawyers Association’s Lifetime Achievement Award, and is a past president of that association. Partner Brad C. Burnette holds an AV Preeminent rating from Martindale-Hubbell, serves on the association’s Board of Governors, and is a graduate of the Keenan Trial Institute. Partner John Willis also serves on the Board of Governors and has tried cases across the state. Michael C. Beehan, a trial attorney, is fluent in Spanish and represents Spanish-speaking clients in their own language; hablamos español.
Our results include $1.5 million for a roofer who suffered a traumatic brain injury when his safety harness failed, and $2.3 million for a Knox County motorcyclist who lost his leg. Those cases involved different facts from a medical device claim, and every case turns on its own evidence, so past results do not guarantee a similar outcome. What they show is a willingness to build a product-based or permanent-injury case and take it in front of a jury when an insurer will not pay what it is worth.
Personal injury clients pay no attorney fees unless we recover compensation, and every consultation is free. If your injuries or recovery make travel difficult, we can meet you at home or in the hospital.
Serving Essure Clients From Knoxville to Memphis
We represent women across Tennessee, and our work for East Tennessee families starts close to home. In Knox County, we serve clients in Knoxville and the communities around it. In Anderson County, we help families in Clinton and neighboring towns, and in Blount County, those in Maryville. Across Sevier County, we represent clients in Sevierville, Gatlinburg, and Pigeon Forge, and in Campbell County, those in LaFollette. We have also represented people from Roane, Claiborne, Morgan, Jefferson, and Monroe Counties.
Beyond East Tennessee, we take cases for clients in Johnson City, Nashville, Memphis, and the communities in between. Because Essure claims depend on records rather than a single crash scene, we can review your file and keep you informed by phone and email wherever you live in the state.
What to Do Right Now If You Believe Essure Harmed You
Start by gathering your records, because a device case lives or dies on documentation. Ask for the operative report from the implant procedure, any confirmation imaging, records from every doctor who treated your symptoms, and, if you had the device removed, the surgical report and pathology findings. If you still have any removed material or explant information, tell your lawyer; do not discard anything. Keep a dated written account of your symptoms, missed work, and out-of-pocket costs, and save pharmacy and insurance statements.
Do not wait on a decision about whether you “really” have a case. Because Tennessee’s one-year rule is strict and the starting date for a device injury can be disputed, the safest step is to have a lawyer evaluate your timeline now. Be cautious about talking to a manufacturer representative or insurer, signing releases, or posting detailed health information on social media. Statements made casually can be used to argue another cause for your symptoms.
If you have a claim that fits, expect the process to run through Tennessee’s trial courts, and possibly federal court depending on the parties and issues. For a Knox County client, state civil cases are heard in the Knox County Circuit Court, and the U.S. District Court for the Eastern District of Tennessee, with its Northern Division sitting in Knoxville, covers East Tennessee counties from Anderson and Blount through Sevier and Campbell. Which court applies depends on the defendants named and the legal theories, and a lawyer should make that choice deliberately rather than by default. If your medical care included government facilities, a separate set of rules applies; claims under the Governmental Tort Liability Act must be filed within 12 months under § 29-20-305, with damages limited to $300,000 per person.
Essure Lawsuit Questions Tennessee Women Ask
How long do I have to file an Essure lawsuit in Tennessee?
Most injury claims must be filed within one year. Claims against a health care provider carry a one-year period and a three-year outer limit. The hard part is determining the date the clock started, which is why you should have your timeline reviewed promptly.
What problems have women linked to Essure?
Reported problems include chronic pelvic pain, abnormal bleeding, coil migration or perforation, reactions attributed to the metal, unintended pregnancy, and the need for removal surgery or hysterectomy. Whether any of these is connected to your device is a medical and legal question that your records must answer.
Who can be held responsible?
Possible defendants include the device maker, entities in the chain of distribution, and in some cases the provider who placed or followed up on the implant. Each carries different proof requirements and, for providers, different deadlines. A lawyer needs to look at the facts before deciding who to name.
Does federal law prevent Essure cases from going forward?
Federal regulation of medical devices can limit certain state-law theories, and that is one reason these cases are harder than an ordinary negligence claim. It does not mean every claim is barred, but it is a real issue we would evaluate with you rather than gloss over.
What if my symptoms started years ago?
Long delays do not automatically end a claim, but they raise timing questions that must be analyzed carefully. Medical records showing when symptoms began and when you first learned of a possible link to the device are central.
Can I still recover if my own health history is part of the defense?
Possibly. Tennessee’s modified comparative fault rule lets you recover if you are less than 50 percent at fault, with the award reduced by your share. Defendants often point to preexisting conditions, so thorough medical documentation matters.
Is there a limit on what I can recover?
Tennessee generally caps noneconomic damages at $750,000, or $1 million for defined catastrophic losses, and the court applies that limit after the jury returns its verdict. Economic damages such as medical bills and lost income are not capped. Punitive damages, where available, are limited to the greater of two times compensatory damages or $500,000.
Will my health insurance cover treatment while a claim is pending?
Generally you should keep using your health coverage for necessary care and not delay treatment. Insurers may later assert reimbursement rights against a recovery, so tell your lawyer about every payer from the start.
Do I need to travel to Knoxville for my case?
No. We handle the investigation, records, and filings, and keep you updated wherever you live in Tennessee. If your health makes travel hard, we can meet you at home or in the hospital.
What does it cost to hire your firm?
Personal injury clients pay nothing up front and owe attorney fees only if we recover compensation. The first consultation is free and carries no obligation.
What if my child was the one affected, or a family member died?
If the injured person was under 18 at the time, the limitations period is generally paused until she turns 18. If an injury led to a death, the right to sue passes to the surviving spouse, then children or next of kin, or to a personal representative, and the one-year period runs from the date of the injury.
Talk With a Tennessee Essure Lawsuit Attorney
If you believe the Essure device caused your pain, bleeding, or surgery, the sooner a Tennessee Essure lawsuit attorney reviews your records, the more options you are likely to have. Call Fox, Farley, Willis & Burnette for a free consultation. We will look at your timeline, explain whether a claim appears viable, and tell you plainly what we see.