Stichting Essure Claims and 16 Dutch health insurers are suing Bayer in the District Court of Midden-Nederland, alleging that its Essure sterilization implant was defective and caused health complaints. Bayer says Essure is safe and does not cause the complaints. On August 19, 2026, the court appointed a five-member expert committee to assess the medical evidence, with its final report due by August 18, 2027.
Latest development Aug 19, 2026
On August 19, 2026, the District Court of Midden-Nederland appointed five experts to advise on the medical studies. They will also say whether Bayer could have done other research into Essure’s safety. It asked for the final report by August 18, 2027, a date the committee may ask to move. It partly lifted a confidentiality restriction on documents Bayer filed in June 2026.
Why it matters
The case tests how a Dutch court decides causation in a medical device mass claim when the scientific studies conflict. The outcome will determine whether Bayer compensates women who received Essure in the Netherlands and the insurers that paid for their care.
Background
Essure was a coil-like implant placed in the fallopian tubes for permanent sterilization. Bayer took the device off the market in 2017, citing commercial reasons. Some 30,000 Dutch women had received it, according to Dutch News. Stichting Essure Claims issued its summons on April 3, 2023, as a collective action under the Dutch Act on Collective Damages Claims (WAMCA). Sixteen health insurers joined to recover medical costs. NL Times reported that litigation funder Redbreast is financing the case.
The foundation alleges design and instruction defects, insufficient research into the device’s safety, and inadequate warnings. According to Dutch News, the summons seeks €10,000 to €40,000 per woman. Bayer says Essure is safe, that its studies support the device, and that Essure does not cause the women’s complaints.
On January 8, 2025, the court held that the WAMCA applies, that the action is admissible, and that collective claims for non-material damage are possible. It appointed the foundation as exclusive representative of all women who received Essure in the Netherlands. On March 26, 2025, it set a two-month opt-out period for women living in the Netherlands and an opt-in period for women abroad, together with a window for settlement talks. The case went to a hearing on the merits on December 1, 2025.
On February 11, 2026, the court said it needed more information before deciding whether Essure is defective and caused the complaints. It found that about 10% to 17% of the women who received Essure have since had it removed. It ordered Bayer to produce further information on its studies and on signals from European markets and Dutch regulators. On August 19, 2026, it appointed two clinical epidemiologists, two gynecologists, and an immunologist to review the studies and to say whether Bayer could have done other comparative research.
Timeline 7 events
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Scheduled orderExpert committee’s final report due
The date may be brought forward or postponed at the committee’s request.
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OrderCourt appoints five-member expert committee on Essure
The court set four questions on the studies and on whether Bayer could have done other comparative research.
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JudgmentCourt seeks expert advice before ruling on Essure causation
The court ordered Bayer to provide more information on its studies and on regulatory signals, and announced a committee of experts.
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HearingCourt hears the merits of the Essure claims
A three-judge panel heard the parties on the medical studies and Bayer’s liability.
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OrderCourt opens opt-out and opt-in period for Essure claims
Women in the Netherlands could opt out, and women abroad could opt in, within two months from April 9, 2025. The same window applied to settlement talks.
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JudgmentCourt declares the Essure collective action admissible
The court held that the WAMCA applies and appointed the foundation as exclusive representative of all women who received Essure in the Netherlands.
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FilingStichting Essure Claims and 16 insurers sue Bayer
The foundation and the insurers brought a collective action under the WAMCA in the District Court of Midden-Nederland in Utrecht.
Summons, April 3, 2023Rechtspraak central register of collective actionsNL Times