STORY FROM: Drugs & Medical Devices

N.Y. Federal Judge Dismisses Essure Lawsuit, Says Claims Preempted, Time-Barred

SYRACUSE, N.Y. — Claims arising from implantation of an allegedly defective Essure permanent birth control device are preempted because the plaintiff failed to allege that Bayer Corp. violated a single federal law or regulation, a New York federal judge has ruled.

In the Aug. 14 order, Judge Frederick J. Scullin Jr. of the U.S. District Court for the Northern District of New York further ruled that the plaintiff may not amend her complaint because her claims are time-barred under the state’s three-year statutes of limitations.

Ashley Olmstead underwent implantation of the Essure on Jan. 31, 2013, after her gynecologist assured ...

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