Pa. Federal Judge Allows Negligent Misrepresentation, Failure-to-Warn Claims to Proceed in Essure Action

PHILADELPHIA — A Pennsylvania federal judge has refused to dismiss claims of negligent misrepresentation and negligent failure to warn asserted against Bayer Corp. in a number of Essure birth control device cases, ruling they are sufficiently pled and are not preempted by federal law.

In a March 22 order, Judge John R. Padova of the U.S. District Court for the Eastern District of Pennsylvania also granted plaintiffs leave to amend their claims of negligent training, negligent risk management, breach of express warranty, fraudulent misrepresentation and negligent manufacture. However, the judge dismissed with prejudice the claims of negligent entrustment, pharmacovigilance, Unfair …