Bayer Says 27K Essure Suits Can't Head 'Full-Steam' To Trial

Law360, Oakland, Calif. (January 15, 2020, 7:12 PM EST) -- Bayer urged a California judge Wednesday to find that state injury claims by more than 27,000 women who were allegedly harmed by Essure birth control devices are preempted by federal law, arguing that the legal theory at the heart of the litigation isn't viable and can't proceed "full-steam ahead" to trials.

During a hearing in Oakland, Erika L. Maley of Sidley Austin LLP, who represents the Bayer AG entities, argued that the U.S. Food and Drug Administration never required the company to change Essure's warning labels and didn't find any violations of its regulations. Therefore, she said, the women can't argue...

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