Calif. Essure Birth Control Device Actions Survive Bayer’s Preemption Challenge

OAKLAND, Calif. — A California judge has allowed claims of failure to warn, breach of express warranty, fraud and negligent misrepresentation to proceed against Bayer in connection with its Essure permanent birth control device, ruling that they are not preempted by federal law.

However, in the Aug. 2 order, Judge Winifred Smith of the Alameda County Superior Court dismissed with leave to amend the claims of manufacturing defect and negligent training of physicians, ruling that while they are not preempted, they are inadequately pled.

In 11 lawsuits filed in the Superior Court, 14 women and six spouses sued Bayer, …