Author: Wendy Bonython, Associate Professor of Law, Bond University

The Victorian Supreme Court recently dismissed a class action on behalf of more than 1,400 women who received Bayer’s Essure contraceptive device. The decision attracted significant publicity, including criticism from the Victorian Premier. It left the women shocked and disappointed, particularly since Bayer had settled a similar claim in the United States for US$1.6 billion. So why did the Victorian class action fail? What’s Essure? Essure offered an alternative to more invasive permanent contraceptive procedures such as tubal ligation. The device was implanted into the fallopian tubes. This triggered an intended inflammatory response that blocked the tubes, preventing passage of…