STORY FROM: Drugs & Medical Devices

N.Y. Federal Judge Dismisses Multi-Plaintiff Essure Case; Appeal Filed

ROCHESTER, N.Y. — A New York federal judge has dismissed as preempted failure-to-warn claims in a multi-plaintiff Essure birth control device, finding plaintiffs seek to establish “safety or effectiveness” standards that are “different from, or in addition to” federal law regulations.

In a June 25 order, Judge David G. Larimer of the U.S. District Court for the Western District of New York further ruled that claims alleging Bayer negligently trained doctors are also preempted because plaintiffs do not plausibly allege violation of any Food and Drug Administration-approved training requirements.

Plaintiffs filed a notice of appeal with the 2nd Circuit U.S. ...

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Jarrod Smith
Nixon Peabody

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