N.C. Federal Judge Dismisses Essure Birth Control Action on Preemption Grounds

ASHEVILLE, N.C. — A North Carolina federal judge has dismissed a lawsuit involving Bayer’s Essure permanent birth control device, finding the plaintiffs’ claims of failure-to-warn, manufacturing defect, breach of warranty, and fraud are expressly or impliedly preempted by federal law.

On May 10, Judge Max O. Cogburn Jr. of the U.S. District Court for the Western District of North Carolina found the plaintiff failed to demonstrate how the Essure device or Bayer’s conduct violated federal law.

In December 2016, Kristiana Burrell filed the instant action against Bayer in North Carolina state court, alleging she suffered complications after being implanted with …