STORY FROM: Drugs & Medical Devices

Calif. Multi-Plaintiff Essure Action Remanded for Lack of Federal-Question Jurisdiction

SAN FRANCISCO — A California federal judge has remanded a multi-plaintiff Essure action to state court for lack of federal-question jurisdiction, ruling that none of the claims relies on federal violations as a necessary element.

In a June 9 order, Judge William Alsup of the U.S. District Court for the Northern District of California found the plaintiffs’ claims are “supported by alternative and independent state law theories,” and do not necessarily raise federal issues.

The 59 plaintiffs allege they suffered complications as a result of being implanted with Bayer’s Essure permanent contraceptive device. Their complaint, originally filed in the Contra ...

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