NJ Appeals Court Shuts Down Injury Suit Over Bayer's Essure

Law360 (January 14, 2020, 4:34 PM EST) -- A New Jersey appeals court declined Tuesday to revive a suit against Bayer Corp. brought by a woman who alleges she was injured by the pharmaceutical giant's birth control device Essure, saying the claims were preempted by the U.S. Food and Drug Administration's premarket approval for the device.

A three-member panel said the trial court properly dismissed Arcelia Sandobal Gomez's claims that Bayer lied and failed to warn patients about potential risks associated with the medical coil, which is implanted into the fallopian tubes to prevent pregnancy. Gomez said the device caused chronic bleeding and pain.

Because Essure went through the...

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