STICHTING ESSURE CLAIMS

WHAT IS ESSURE AND HOW DOES IT WORK?

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 FOUNDATION

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 looks after and 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.

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 and to request a declaration of law that establishes Bayer’s unlawful conduct against the victims. The Foundation strives to achieve a binding settlement with Bayer that compensates the injured women. The Foundation is also investigating other ways to ensure that the disadvantaged women are compensate.

ESSURE HAS BEEN REMOVED FROM THE MARKET

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.

REGISTRATION

The Foundation is passionate about securing compensation for those affected.

ABOUT US

MANAGEMENT BOARD

ANTOINETTE COLLIGNON

GUIDO ROOIJACKERS

JULES SCHAGEN VAN LEEUWEN

JULES SCHAGEN VAN LEEUWEN

MANAGEMENT BOARD

GEMMA KENTER

KARL PETER PUSZKAJLER

KIM SMIT

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 PGMBM assists the Foundation in pursuing a claim against Bayer. PGMBM has an extensive track record in relation to Essure cases in the UK and the USA and will assist the Foundation where possible. As a result thereof, the case against Bayer will be litigated on the highest level.

LITIGATION FUNDING

CHATTENHAM FUNDING LLC
Chattenham Funding LLC finances the activities of the Foundation for the benefit of the aggrieved parties. In exchange, Chattenham Funding LLC will collect a litigation funding fee of up to 25% of the net proceeds, if the Foundation obtains a recovery for aggrieved parties.

NEWS

April 9, 2018
FDA Activities Related to Essure
September 18, 2017
Bayer halts non-U.S. sales of its contraceptive implant
June 26, 2017
Device Deportation: Bayer to Discontinue Essure in Canada and Multiple European Countries
June 26, 2017
June 26, 2017
essureproblems.webs.com

documents

June 20, 2019
February 25, 2021

CONTACT

For more information about the Essure class action in The Netherlands, please visit essureclaims.nl

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ANTOINETTE COLLIGNON

PROFILE

Antoinette Collignon is a specialist in cross-border liability and personal injury cases, product liability, employers’ liability and private international law. She advises insurers, international claims agencies, companies, but also victims. In international cases, she works closely with reputable law firms in Europe and the United States. She is a founding member of the Pan European Organisation for Personal Injury Lawyers (PEOPIL) and lectures at international conferences and seminars on European law, personal injury claims and traffic accidents.

She is author of the book Deelgeschilprocedure (Serie Burgerlijk Proces & Praktijk, Wolters Kluwer).

WORK EXPERIENCE

  • 2010-present Partner at Legaltree, Amsterdam:
    • Complex international personal injury cases for claimants as well as defendants; cross border road traffic accidents, accidents at work, product liability and private international law; co-counsel in Dutch civil law matters; expert for foreign courts on Dutch personal injury law; member of Dutch MH17 team and lead-counsel at the European Court of Human Rights;
  • 1997-2010 Attorney-at-Law at Beer advocaten, Amsterdam:
    • Personal Injury Lawyer for claimants; road traffic accidents, accidents at work, cross border personal injury cases; worked on the Dow Corning class action cases for the Dutch Consumentenbond, the Firework disaster in Enschede, the aviation accident of Turkish Airlines flight TK 1951 in 2009;
  • 1993-1997 Attorney-at-Law at Marree & Dijxhoorn advocaten, Amersfoort:
    • Insurance practice and personal injury practice for insurance companies as well as claimants;
  • 1990-1993: Lawyer trainee at Kienhuis Hoving advocaten, Enschede.

 

OTHER FUNCTIONS

Present

  • As of 2013: Honorary member PEOPIL;
  • As of 2014: Lecturer at Kerckebosch on European law and traffic accidents;
  • As of 2021: President Board of Directors Complaints Commission PANTAR, Amsterdam;
  • As of 2022: President Board of Directors Stichting Environment and Fundamental Rights;
  • As of 2022: President Board of Directors Stichting Slachtoffers Medische Hulpmiddelen;
  • As of 2023: Board of Directors IATL;

 

Former

  • 1997-2009: Member Executive and General Board PEOPIL;
  • 2009-2013: President PEOPIL;
  • 2010-2014: Vice-president IETL;
  • 2016-2020: Board Member GJN;
  • 2011-2020: Chair External Complaints Commission on Inappropriate Behaviour PANTAR, Amsterdam;
  • 2011-2022: Lecturer at SDU on personal injury claims;
  • 2014-2017: Lecturer International Dispute Resolution at Leiden University;
  • 2019-2021:  Admissions committee IATL.

 

MEMBERSHIPS

  • PEOPIL (Pan European Organisation for Personal Injury Lawyers);
  • LSA (Dutch Association of Personal Injury Lawyers);
  • VASR (Association for Liability and Compensation Law);
  • IETL (Institute for European Traffic Law) ;
  • IATL (International Academy of Trial Lawyers;
  • OAA (Ondernemende Advocaten Amsterdam).

 

EDUCATION

  • University of Groningen (RUG), private law and criminal law with advocacy (1990);
  • Grotius Academy Nijmegen, postgraduate course on personal injury (1994).

JULES SCHAGEN VAN LEEUWEN

WORK EXPERIENCE

  • 1976 – 1977: Worked in rural hospitals in Brasil, states Pará en Ceará;
  • 1980 – 1985: Doctor international health and tropical diseases (and medical director) at Holy Family Hospital, Berekum, Ghana;
  • 1991 – 2019: Medical doctor and trainer in Obstetrics & Gynaecology at St Antonius Hospital, Nieuwegein/Utrecht, the Netherlands: head Research and Development Gynaecology & Obstetrics; cofounder and member TOP team (staff care after a shocking event); member central training commission; chair commission research and training; chair library commission;
  • 2019: Expert at the introduction of OVHipec (surgery hyperthermic intraperitoneal chemotherapy in patients with advanced ovarian cancer) at Gleneagles Hospital Hong Kong;
  • 2019: Advanced training Obstetrics & Gynaecology for medical specialists at Djokjakarta;
  • 2019-2022:  Part-time urogynaecologist at Radboud UMC Nijmegen, the Netherlands;
  • 2021 –2023: Dean of Antonius Academy Advanced Medical Training at St Antonius Hospital, Nieuwegein.

 

OTHER FUNCTIONS

Present

  • 1991- present: annual working visit to Holy Family Hospital, Berekum, Ghana during holiday periods
  • 2019-present: Medical advisor for medicolegal issues;
  • 2019-present: Gynaecologist at Mungra Medical Centre, Nickerie, Surinam (annual visit);
  • 2019-present: Health care expert at PUM, a Dutch volunteer organisation for sustainable development (short consultations abroad);
  • 2019-present: annual Auditor DNV-GL at UMCG Groningen;
  • 2020- present: SCEN-doctor at KNMG (consultations with euthanasia);
  • Chair Berekum Foundation (development of medical expertise in Ghana; www.berekum.nl;
  • Member complaints committee St Antonius ziekenhuis;
  • Member Ghana committee on pelvic floor disorders IUGA, www.iuga.org;

 

Former

  • Member MEC-U (Medical Research Ethics Committee) until 1 January 2024;
  • Netherlands Association for Obstetrics (“NVOG”, www.nvog.nl): former chair and member committee for national guidelines (2005- 2015); Member of committee on patient information & education; Member and co-founder of the national system on quality control (visiting teaching and non- teaching hospitals and accreditation; 1986-2005); chair committee development guidelines until 2007;
  • Member working group development of expertise for general practioners Zuid-West Utrecht until 2018.

 

EDUCATION

  • 1978: Graduate doctor’s exam University of Utrecht;
  • 1978: ECFMG; U.S. certificate for foreign medical graduates at Indiana University Hospital, Indianapolis, USA;
  • 1978 – 1980: Training in Obstetrics & Gynaecology, surgery and tropical medicine
  • 1986 – 1991: Specialist Training Obstetrician & Gynaecologist, Academic Hospital Utrecht and St. Joseph Hospital Eindhoven.

GUIDO ROOIJACKERS

WORK EXPERIENCE

  • Business valuator and specialist in economic damages assessment
  • Partner at Sman Business Value (since 2002)

OTHER FUNCTIONS

  • Member of the board (secretary) of the Dutch Institute for Registered Valuators professional organisation (NIRV), (2006-2012)
  • Member of the board of De Maatschappij, departement Zaanstreek-Waterland

QUALIFICATIONS AND MEMBERSHIPS

  • Master in finance, Erasmus University Rotterdam
  • Member of the Dutch Association of Register Controllers (VRC)
  • Member of the Dutch Institute for Registered Valuators professional organisation (NIRV)
  • Member of the European Association of Certified Valuators and Analysts (EACVA)
  • Registered expert in the Dutch national register of judicial experts (LRGD)

GEMMA KENTER

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.

KIM SMIT

Kim Smit (1970) is an experienced finance executive / non-executive director with a high level of personal integrity and transparency who has built a broad and international career through a wide range of roles with Shell and the Leiden University Medical Center. She has experience in and knowledge of organisation- and change-management, governance, long-term investments, risk management, ICT, compliance, treasury and strategy.

Non-executive positions in addition to Stichting Essure Claims

  • NRG/Pallas -nuclear research and production of nuclear medical isotopes – Member of the Supervisory Board, chair of the Audit Committee and member of the Remuneration and Appointment Committee;
  • Hub Organoids BV -biotech scale up, global leader in patient-derived organoid technology – Member of the Supervisory Board;
  • Stichting Pantein – cure and care group – Member of the Supervisory Board and member of the Audit Committee;
  • Stichting Jong JGZ –youth health – Member of the Supervisory Board and chair of the Audit Committee;
  • B&S Group S.A (Luxembourg S.A. listed on Amsterdam exchange, ticker BSGR), a tech company in the consumer goods industry – Independent Supervisory Board Member and chair of Audit Committee;
  • Naturalis Biodiversity Center – biodiversity museum and research institute – Vice-chair of the Supervisory Board and chair of the Audit Committee;
  • Regionale Omroep West – news and media organisation – Member of the Supervisory Board and chair of the Audit Committee;
  • Japanmuseum Sieboldhuis – Member of the Supervisory Board.

 

Professional managerial and executive experience

  • 2018-2022: CFO/Member Executive Board Leiden University Medical Center;
  • 1993-2016 Royal Dutch Shell Group (latest position: CFO Al Karaana Petrochemicals and Vice-President Finance Contracting & Procurement).

 

Education

  • 1993 Institut d’Etudes Politiques de Paris (Sciences-Po) ;
  • 1988 Stedelijk Gymnasium Nijmegen.

KARL PETER PUSZKAJLER

Karl Peter Puszkajler is a German lawyer (Rechtsanwalt) and former judge at the appellate court (Oberlandesgericht) in Munich, Germany, with extensive experience in civil, corporate and criminal cases.

After retirement as a judge in 2011, he has placed the focus of his domestic and international legal interests and activities on capital market law and redress in collective actions. Since 2016 he is advisor in major investors’ claims under the German Capital Market Model Procedure Law (KapMuG).

He was co-director of the Dutch SICAF (Stichting Investor Claims Against Fortis) and member of the advisory board of the Stichting Steinhoff International Compensation Claims. Currently, he serves on the supervisory board of SILC (Stichting Investor Loss Compensation, Amsterdam).

For decades he has been teaching and training lawyers and judges in Eastern Europe, the Middle East and North Africa. He also advised the Rwandan prosecutor general 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 co-author of commentaries to the German law on limited liability companies (GmbHG) and on the compensation procedure for minority shareholders (SpruchG).

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