Bayer Prevails on Preemption Grounds in N.M. Essure Birth Control Case

SANTA FE, N.M. — A New Mexico federal judge has dismissed a lawsuit targeting Bayer Essure Inc.’s permanent contraception device, ruling the state law claims are preempted by the Food, Drug and Cosmetic Act because they seek to impose requirements under state law that do not parallel federal regulations.

In a Sept. 29 order, Judge Matthew Garcia of the U.S. District Court for the District of New Mexico denied the plaintiff’s motion to amend, ruling it was futile and untimely.

Sherri Ferguson was implanted with the Essure device in October 2010 and underwent removal of the device in November 2018. …