Federal Judge Dismisses Warranty, Negligent Misrepresentation Claims in Mirena Action

LONDON, Ky. — A Kentucky federal judge has dismissed claims of failure to test, breach of warranty and negligent misrepresentation brought against Bayer Pharmaceutical Inc. in connection with its Mirena birth control device, finding Kentucky law precludes them.

On Oct. 31, Judge Danny C. Reeves of the U.S. District Court for the Eastern District of Kentucky also dismissed the plaintiffs punitive damages claim, explaining that it is actually a prayer for relief, not a separate cause of action.

Tasha Baird had a Mirena device placed by her doctor on April 2, 2009. Baird claims that after placement of the intrauterine …