No one assumes the hot potato Essure case, the female contraceptive that Bayer Pharmaceutical withdrew from the market after allegations that it had caused harm to dozens of women. After the National Court decided to send the criminal case to the ordinary courts considering that it was not his competence; the magistrate of Instruction number 27 of Madrid, on which relapsed, has now agreed that it is not up to them to carry out the investigation and returns the matter to the National Court, as evidenced by a writ issued on November 28 and the that THE COUNTRY has had access to.
"The facts that result from the previous proceedings make presume the possible existence of a criminal offense, constituting a crime against public health, whose knowledge is attributed to the Criminal Chamber of the National Court or, where appropriate, to the central criminal courts ", concludes María Ángeles Vázquez, head of the court of Instruction number 27. In her writing, the judge is inhibited and forwarded the proceedings to the Central Court of Instruction Dean of the National Court.
The lawyer of the group of women complainants, Francisco Almodóvar, considers that, therefore, "the ball is once again on the side of the National High Court," which rejected the case because it did not appreciate the existence of an organized criminal group or that it had been committed. offenses outside of Spain – which would have allowed the process to be taken over. But the lawyer believes that this judicial body will have to reconsider the matter again or return it, again, to the ordinary courts of instruction.
Meanwhile, time passes. The complaint was filed almost half a year ago and nobody has started the investigation yet. Essure is a female contraceptive marketed by Bayer until 2017, when it withdrew from the market in Spain. It consists of the insertion in the fallopian tubes of flexible springs to generate a fibrosis that then functions as a barrier to prevent sperm from reaching the ovules. This system allowed to avoid surgery. But those affected reported that their implantation caused continuous pain, bleeding, vomiting, diarrhea, loss of hair and teeth, perforations of the uterus and fallopian tubes.
In the United States, there have been about 16,000 claims for serious injuries and even deaths, according to The New York Times. In Spain, the investigation The Implant Files -published by The confidential and La Sexta- pointed out that a woman also died in Córdoba for the complications derived from attempts to remove the Essure from your body. Last October, the Ministry of Health launched a guide for doctors to know how to act in the face of the harmful effects of contraception.