Calif. State Judge Preserves Essure Injury Claims

By Emily Field (August 4, 2016, 10:07 PM EDT) -- A California state judge recently let advance the allegations of 14 women in 11 consolidated cases where they claim that they were injured by Bayer HealthCare's permanent birth control insert Essure, finding that certain claims were not preempted by federal law.

Superior Court Judge Winifred Y. Smith said in a ruling on Tuesday that the women's claims under state law that Bayer had failed to warn the U.S. Food and Drug Administration of more than 32,000 complaints and numerous adverse events from 2008 to 2013 are not preempted by the Food Drug and Cosmetic Act.

Bayer had essentially argued that a...

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