STORY FROM: Drugs & Medical Devices

Multi-Plaintiff Essure Case Remanded for Lack of Federal Jurisdiction

HARRISBURG — A Pennsylvania federal judge has remanded a multi-plaintiff Essure case for lack of federal jurisdiction, finding there is no actual dispute about the interpretation of federal law.

In a Nov. 26 order, Chief Judge Mark R. Hornak of the U.S. District Court for the Western District of Pennsylvania further found that exercising federal question jurisdiction would upset the federal-state balance approved by Congress.

Plaintiffs in the instant case allege injuries caused by the implantation of Essure, a birth control device. Bayer removed the case from state court, and plaintiffs moved to remand and stay proceedings to allow service ...

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