Calif. Federal Judge Dismisses Essure Lawsuit Against Bayer, But Allows Plaintiff to Amend

SAN FRANCISCO — A California federal judge has dismissed claims asserted against Bayer Corp. in connection with its Essure contraceptive device, ruling that the claims are federally preempted and/or inadequately pled.

However, in the Feb. 2 order, Judge William Alsup of the U.S. District Court for the Northern District of California allowed the plaintiff leave to amend her claims for manufacturing defect, negligence and breach of warranty to cure the pleading deficiencies.

Bayer designed the Essure device to insert a metal coil known as a “micro-insert” into each of a patient’s fallopian tubes. Once released, the micro-inserts expand and anchor …