STORY FROM: Drugs & Medical Devices

Ind. Federal Judge Remands Essure Case, Says Claims Do Not Arise Under Federal Law

INDIANAPOLIS — An Indiana federal judge has remanded a multi-plaintiff Essure permanent birth control case to state court, ruling that the action does not necessarily raise a federal issue.

In a July 18 order, Judge William T. Lawrence of the U.S. District Court for the District of Minnesota found the plaintiffs may plead in anticipation of defendants’ federal preemption defense, but that their claims do not necessarily rely on federal law.

The 36 plaintiffs originally filed the instant case in the Marion County (Ind.) Superior Court, asserting claims related to injuries they allegedly suffered as a result of being implanted ...

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