N.J. Appeals Court Upholds Dismissal of Essure Birth Control Action

TRENTON, N.J. — A New Jersey appellate court has upheld the dismissal of an Essure birth control lawsuit, ruling that a majority of the claims are subsumed by the state’s Product Liability Act, and the remaining counts are inadequately pled.

In a Jan. 14 order, the New Jersey Superior Court, Appellate Division, affirmed the Middlesex County Superior Court’s determination that the claims should be dismissed with prejudice.

Arcelia Sandobal Gomez was implanted with the Essure device in October 2014. Following the procedure, she experienced multiple complications and eventually underwent a hysterectomy in January 2016 to remove the device.

Gomez …