Essure has been marketed as a permanent sterilization method for women that does not require surgery. Essure was first developed by Conceptus Inc., which became part of Bayer Healthcare in 2013. The Essure device is a pair of soft, flexible metal and fiber coils that are inserted into the fallopian tubes by a healthcare provider.
After a period of three months, scar tissue forms around the Essure implant, creating a barrier that prevents sperm from reaching the ova so that the woman is unable to conceive.
The Essure Claims Foundation is an independent Dutch foundation (the “Foundation”). The Foundation stands up for the interests of injured women who have suffered damage from implantation of the Essure device.
The Foundation represents women who suffer damage, are at risk of suffering damage and/or have suffered damage as a result of Bayer’s actions and/or omissions with regard to the Essure implant.
On March 1, 2021 the Foundation announced that it, supported by several health insurance companies, holds Bayer liable for the damage that the Essure implant has caused.
The Foundation seeks to achieve its goals by conducting research and providing information. The Foundation also intends to initiate legal proceedings in the Netherlands on behalf of injured women to request a declaration of law that establishes Bayer’s unlawful conduct against the victims. The Foundation strives to achieve a court order or a binding settlement with Bayer to compensates the injured women. The Foundation is also investigating other ways to ensure that the disadvantaged women are compensated.
Since Essure has been put on the market, there has been an increasing number of reports of dangerous side effects associated with Essure. Many women have experienced unwanted side effects due to Essure, including perforation of the uterus or other organs and chronic pain. Many of these women had to have the Essure implant surgically removed.
On May 29, 2017, Bayer announced the removal of Essure from the Dutch market, after which sales and distribution were discontinued as of July 1, 2017. After thousands of complaints worldwide against Bayer, on September 25, 2017, it stopped sales and distribution in all countries outside the United States. On December 31, 2018, Bayer stopped marketing Essure in the United States.
The Foundation is passionate about securing compensation for those affected.
LEMSTRA VAN DER KORST N.V.
Lemstra Van der Korst N.V. are counsels to the Foundation on various legal matters, including, but not limited to: (i) entering into discussions with, and possibly preparing litigation against, Bayer and/or its group entities (ii) possibly entering into settlement discussions with such entities, and; (iii) possibly following up such discussions with WCAM (collective settlement) proceedings.
PGMBM assists the Foundation in contacting Dutch women that suffered damage as a result of Essure. PGMBM has an extensive track record in Essure-related cases in the United Kingdom and the United Stated and will assist the Foundation where needed.
CHATTENHAM FUNDING LLC
Chattenham Funding LLC funds the activities of the Foundation for the benefit of the aggrieved parties. In exchange for its funding, Chattenham Funding LLC will receive funds of maximum 25% plus costs, subject to court approval, if the Foundation is successful in obtaining compensation for the aggrieved parties.
Kim Smit (1970) is an experienced CFO, board member and supervisor with a high level of personal integrity. Kim Smit has built a wide and international career with a variety of functions at Royal Dutch Shell and more recently at the Leiden University Medical Centre. Kim Smit has experience and knowledge of organisation- and change-management, governance, long-term investments, risk management, ICT, compliance, treasury and strategy.
In his career as a judge Karl decided thousands of civil and criminal cases and gained expertise – inter alia – in all areas of commercial and corporate law. After retirement 2011 from the Court of Appeal in Munich he has focused his interests on international private law, corporate and capital market law and expanded his practice as an independent arbitrator both in domestic and international fora.
Since 2016 he advises counsel in major investors’ claims under the German Capital Market Model Procedure Law (KapMuG). He is co-director of the Dutch SICAF (Stichting Investor Claims Against Fortis) and member of the advisory board of the Stichting Steinhoff International Compensation Claims.
For decades he has been teaching and training lawyers and judges in Eastern Europe, the Middle East and North Africa. He also consulted the Rwandan government in re-establishing the judiciary after genocide destroyed the country and recently advised the administration of the Autonomous Region Kurdistan (Irak) in a project to modernize enforcement proceedings.
He is the co-author of commentaries to the German law on limited liability companies (GmbHG) and on the compensation procedure for minority shareholders (SpruchG).
Gemma Kenter (1952) studied medicine at the UVA, after which she was trained as a gynecologist in Leiden and Amsterdam. She is a subspecialist in gynecological oncology and was head of the polyclinic in the LUMC from 1986-1997 and head of gynecological oncology in the LUMC from 1997-2009.
In 1991 she obtained her PhD in Utrecht with a thesis entitled “Aspects on treatment and prognosis in carcinoma of the uterine cervix”. In 2005 she was appointed professor of gynecological oncology with a special interest in immunotherapy. In August 2009 she became head of the Gynecological Oncology Center Amsterdam (AMC, AVL, VUmc). Her areas of interest are: “Late consequences of the treatment for cervical cancer” and “The role of the immune system in cervical cancer”. She has retired since December 2018.
QUALIFICATIONS AND MEMBERSHIPS
She is a specialist in (cross-border) liability and bodily injury cases, product liability, employer liability and international private law. She advises insurers, international loss adjustment agencies, and businesses, as well as victims. In international cases, she works closely with law firms of good repute in Europe and the United States.