Mo. Appellate Court Reinstates Essure Case, Says Negligence, Defective Manufacturing Claims Not Preempted

KANSAS CITY — A Missouri appeals court has reinstated claims of negligence per se, defective and negligent manufacturing and negligent training in a lawsuit against Bayer Corp. involving its Essure birth control device, explaining that the claims allege violation of state law requirements that parallel those imposed under federal law.

In a Dec. 5 opinion, the Missouri Court of Appeals, Western District, also allowed the plaintiff to proceed with her claim that Bayer negligently supplied her doctors with defective surgical equipment for use in inserting the Essure device, to the extent it relates to surgical instruments that did not receive …