Breach of Express Warranty Claim to Proceed in 19 Pa. Federal Essure Actions

PHILADELPHIA — A Pennsylvania federal judge has allowed a breach of express warranty claim to proceed against Bayer in 19 Essure birth control actions, finding the plaintiffs alleged sufficient facts to support their allegation that the warranties were the bases of their bargains.

In an Oct. 3 order, Judge John R. Padova of the U.S. District Court for the Eastern District of Pennsylvania also allowed the plaintiffs’ negligent misrepresentation claim to proceed to the extent it accused Bayer of making certain alleged misstatements. However, the judge dismissed the bulk of the claim as preempted by federal law.

Plaintiffs allege injuries …