Strict Liability, Negligent Misrepresentation Claims Survive Bid for Dismissal in Ky. Mirena Case

LOUISVILLE, Ky. — A Kentucky federal judge has refused to dismiss a strict liability claim asserted against Bayer in a Mirena action, ruling that the claim is not duplicative because plaintiffs may advance both strict liability and negligence claims against product manufacturers.

On Nov. 20, Senior Judge Charles R. Simpson of the U.S. District Court for the Western District of Kentucky also refused to dismiss a negligent misrepresentation claim, explaining that it is governed by the Restatement (Third) of Torts § 9 and, as such, may proceed.

In April 2008, Lauren Hardwick underwent implantation of a Mirena intrauterine birth control …