Idaho Judge Allows Failure-To-Warn Claims to Proceed in Essure Birth Control Action

BOISE, Idaho — Failure-to-warn claims in an Essure birth control device action are not preempted because the plaintiffs adequately pled a “failure to warn the FDA” claim, and state law provides a “parallel” remedy for the failure of a manufacturer to properly report known dangers of its product to the FDA, an Idaho federal judge has held.

On Aug. 30, Chief Judge B. Lynn Winmill of the U.S. District Court for the District of Idaho also allowed the plaintiffs to re-plead their claim accusing Bayer of failing to adequately train healthcare professionals in the use of hysteroscopic equipment, noting that …