Negligent Misrepresentation Claim to Proceed Against Bayer in Kentucky Mirena Case

LOUISVILLE, Ky. — The Restatement (Second) of Torts does not bar a negligent misrepresentation claim asserted against Bayer in connection with its Mirena birth control device, a Kentucky federal judge has ruled, holding that state law provides for negligent misrepresentation claims associated with the sale of a product.

In a July 23 order, Chief Judge Joseph H. McKinley, Jr. of the U.S. District Court for the Western District of Kentucky explained that the state supreme court now applies Section 9 of the Restatement (Third) of Torts to such claims.

In May 2012, Dr. Kerrin Dunn inserted a Mirena intrauterine system …