Ill. Federal Judge Remands Essure Case, Says Bayer Sales Rep Fraudulently Joined

CHICAGO — An Illinois federal judge has remanded an Essure case to state court, ruling that a non-diverse sales representative was fraudulently joined because the plaintiff has no “reasonable possibility of success” on her negligent misrepresentation claim against that defendant.

In a July 27 order, Judge Mary Rowland of the U.S. District Court for the Northern District of Illinois concluded that the sales representative had no legal duty to the plaintiff and therefore complete diversity exists.

Illinois resident Vivian Elrod was implanted with the Essure device in 2014. She underwent removal of the device in September 2017 after she allegedly …