Negligent Training, Fraudulent Misrepresentation Claims to Proceed in Pa. Federal Essure Action

PHILADELPHIA — A Pennsylvania federal judge has allowed portions of negligent training, negligent risk management, express warranty, fraudulent and negligent misrepresentation, and failure to warn claims to proceed against Bayer in an Essure action.

On Feb. 22, Judge John R. Padova of the U.S. District Court for the Eastern District of Pennsylvania held that in those portions of the claims, the plaintiffs pled violations of requirements that “parallel” those enforced by the Food and Drug Administration and adequately alleged causation.

Essure is a permanent, non-surgical transcervical sterilization procedure developed by Bayer AG subsidiary Conceptus Inc. The FDA approved the device …