STORY FROM: Drugs & Medical Devices
Pa. Federal Judge Remands 16 Essure Actions to State Court
July 25, 2018
PHILADELPHIA — A Pennsylvania federal judge has remanded 16 Essure cases to state court for lack of subject matter jurisdiction, ruling that Bayer failed to show the existence of a federal issue that is “actually disputed” and “substantial.”
In a July 23 order, Judge John R. Padova of the U.S. District Court for the Eastern District of Pennsylvania further held that under the congressional scheme, state courts may resolve cases asking whether a defendant violated state laws that parallel federal requirements applicable to medical devices such as Essure.
The actions, which were originally filed in the Philadelphia County Court ...