STICHTING ESSURE CLAIMS

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ESSURE

Essure is a permanent sterilization method for women, which would not require surgery and anesthesia. Essure was launched on the market in 2001. Initially by Conceptus Inc. which was later acquired by Bayer.

Bayer (and before that Conceptus) presented Essure as a safe method of sterilization. It has since become apparent that only limited research has been done into the effect and the harmful (side) effects of the implant. In 2016 it came to light that many women experienced serious complaints due to Essure, such as chronic severe abdominal and/or back pain, fatigue complaints and perforated fallopian tubes, uterus or ovaries and other complaints. Bayer only decided in September 2017 to remove Essure from the European market. According to Bayer, not because of the defects in Essure and the large number of complaints, but because of disappointing sales figures.

In the Netherlands, approximately 30,000 women have had Essure implanted. Due to persistent complaints, between 3,000 to 5,000 women were required to have the Essure surgically removed. 

Stichting Essure Claims (the “Foundation”) stands up for all women who have had Essure implanted in the Netherlands and demands that Bayer compensate these women for their suffering and damage. 

If you have had an Essure implanted in the Netherlands, you can register with the Foundation by clicking on the registration link and sharing your details with us. We will of course handle your data with care. We explain this in our privacy statement.

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For more information on how to register with the Foundation

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THE FOUNDATION

Stichting Essure Claims is an independent Dutch foundation and defends the interests of women who have had an Essure implanted in the Netherlands and who have suffered damage as a result (the “injured women”).

We have researched (the implantation and surgical removal of) Essure in the Netherlands and provide/share information about this with the media, as well as on this website. 

The Foundation tried to reach an amicable solution with Bayer. Bayer was not willing to cooperate. Subsequently the writ of summons was filed on 4 April 2023. With the writ of summons, the Foundation started collective judicial proceedings at the District Court Midden-Nederland. The Foundation is seeking a ‘declaratory judgment’ that Bayer is liable for the damages suffered by all women who have had Essure implanted in the Netherlands. The Foundation is also claiming a specific amount of damages for women who have had or will have Essure removed. More information can be found in the writ of summons.

Next to the Foundation, 17 health insurers are also claimants in the proceedings. They are also claiming damages from Bayer. On 9 August 2023, procedural agreements were made with the Court about the further course of the proceedings. On 1 November 2023 Bayer filed an “interim statement of inadmissibility’. The Foundation will respond to this statement on 24 January 2024. A hearing will take place before the Court rules on the admissibility of the Foundation’s claim. We will you inform you when the date of the hearing is known.

ADMINISTRATION

ADMINISTRATION

ANTOINETTE COLLIGNON

GUIDO ROOIJACKERS

JULES SCHAGEN VAN LEEUWEN

JULES SCHAGEN VAN LEEUWEN

The Foundation is managed by experienced directors with extensive relevant knowledge and expertise with regard to, among other things, gynaecology, medical product liability/personal injury and financial damage calculation:

Antoinette Collignon (chair): more than 30 years of experience as a personal injury lawyer. Among other things, she assists the victims of the MH-17 disaster.

Jules Schagen van Leeuwen (board member): doctor with more than 40 years of experience as a gynaecologist and women’s doctor in the Netherlands, Brazil and Ghana. Before his retirement, he was a gynaecologist with the St Antonius Hospital in Utrecht.

Guido Rooijackers (board member): an experienced specialist in business valuation and damage calculations.

SUPERVISORY BOARD

GEMMA KENTER

KARL PETER PUSZKAJLER

KIM SMIT

The supervisory board of Stichting Essure Claims consists of members with medical, legal and financial expertise:

  • Gemma Kenter (chair): former gynaecologist and professor of gynecological oncology at various Dutch universities.
  • Karl Puszkajler: former judge at i.a. the court (oberlandesgericht) in Munich, Germany, with extensive experience in (collective action) law.
  • Kim Smit: non-executive director with supervisory board roles in – among others – health care, biotech, supply chain and production of nuclear medical isotopes. Former CFO/member of the Executive Board of Directors at the Leiden University Medical Center and former CFO of a large petrochemical company.

AGGRIEVED WOMEN

If you have had Essure implanted in the Netherlands, we will defend your interests and you can register for the action of Stichting Essure Claims against Bayer.

We hold Bayer liable because it has placed a defective implant on the market and because it has acted unlawfully towards the injured women. In the proceedings, we will ask the court to make a classification of different categories of damages with corresponding compensation. Each woman will – depending on the number of operations and the number of complaints – be classified in a damage category.

In order to conduct the proceedings against Bayer, the Foundation entered into an agreement with Financiering Essure Claims C.V., which is managed by the professional Dutch litigation financier Redbreast (see also under partners). This funder has no influence on the decision-making of the Foundation. To compensate the financing risk, the funder receives reimbursement for the costs incurred plus 25% of the proceeds if the procedure is successful. The total compensation of the funder will never exceed 30% of the awarded compensation per participant. 

NO-CURE, NO PAY

If you register, you only have to pay something (a contribution to the costs) if you receive compensation yourself. You then pay part of the costs and a premium that the litigation financier wants to receive. This amount is deducted from the compensation you receive and can vary between 25-30% of your compensation. It’s never more than 30%.

Of course, we will try to recover this amount (25-30%) from Bayer, because these are the costs that the Foundation must incur in order to attract funding to be able to conduct this procedure. The Foundation itself is not for profit. We pass the costs (25-30% of your claim) to the financier one-on-one.

If the Foundation  loses the proceedings against Bayer, you do not have to pay anything.  This is at the expense and risk of the financier.

You can register via this link

You can unsubscribe by sending an e-mail to: INFO@ESSURECLAIMSNETHERLANDS.COM

PARTNERS

LEGAL ASSISTANCE

LEMSTRA VAN DER KORST

Lemstra Van der Korst NV is the law firm that assists the Foundation in the various legal matters, including: (i) entering into negotiations and preparing a lawsuit against Bayer, (ii) possibly entering into (collective) settlement negotiations with these entities, and (iii) conducting a collective action against Bayer.

registration and contact with the participating women

POGUST GOODHEAD

Pogust Goodhead carries out the registration process of participants in the proceedings on behalf of the Foundation and establishes contact with participating women. Pogust Goodhead answers many questions and helps the Foundation with its extensive knowledge of Essure and group proceedings in the United States and the United Kingdom.

Funder

REDBREAST AND FINANCING ESSURE CLAIMS C.V.

Redbreast Associates N.V. manages the financing company Financiering Essure Claims C.V. which finances the proceedings of the Stichting. Redbreast is an experienced Dutch financier of (collective) proceedings and has a stable track record. Redbreast is led by experienced (former) lawyers and jurists of good repute.

The Foundation has entered into a financing agreement with Funding Essure Claims C.V. This financier pays for the Foundation’s proceedings against Bayer. In exchange for this funding, in the event of a successful outcome of the procedure, the Foundation pays the financier a reimbursement of costs and 25% of the compensation awarded to the women participating in the procedure in total this will never exceed more than 30% of the awarded compensation. 

If the procedure does not lead to compensation, the Foundation does not owe anything to the financier.

CONTACT

info@stichtingessureclaims.com

For more information about the Essure class action in the United Kingdom, please visit essureclaimlawyersuk.com

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Privacy Statement

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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