Law360, New York (March 23, 2016, 11:45 PM EDT) -- A Pennsylvania federal judge found Tuesday that five women suing Bayer in consolidated litigation over its controversial Essure sterilization device could pursue at least some of their injury claims, finding they were not all preempted by the U.S. Food and Drug Administration's oversight of medical devices.
U.S. District Judge John Padova largely granted Bayer's motion for judgment on the pleadings, dismissing many claims either as preempted under FDA rules or as not pled sufficiently. He found that the women's fraudulent misrepresentation claims may not necessarily be preempted by FDA oversight, but said they don't satisfy pleading requirements because they don't allege...
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