STORY FROM: Drugs & Medical Devices
Multi-Plaintiff Essure Case Remanded for Lack of Federal Jurisdiction
December 9, 2019
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 ...