STORY FROM: Drugs & Medical Devices

Multi-Plaintiff Essure Birth Control Action Remanded to Mo. State Court

ST. LOUIS — A Missouri federal judge has remanded a multi-plaintiff Essure action, ruling that the claims were not fraudulently misjoined because common issues of law and fact connect the claims, which all arise out of Bayer’s design, development and marketing of the permanent birth control device.

On Dec. 14, Judge Jean Hamilton of the U.S. District Court for the Eastern District of Missouri further held that the federal issues raised in plaintiffs’ complaint are not substantial, and accepting federal jurisdiction would disrupt the federal-state balance contemplated by Congress.

On June 20, 99 plaintiffs sued Bayer in the St. Louis ...

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