ERISA Does Not Preempt Plan Administrator’s Essure Claims, Calif. Appellate Court Rules

SAN FRANCISCO — ERISA does not preempt claims filed by the administrator of an employee welfare benefit plan against Bayer in connection with its allegedly defective birth control device Essure because the claims do not “relate to” an ERISA plan, a California appellate court has ruled.

In a Dec. 22 published opinion, the California Court of Appeal, 1st District, explained that the existence of an ERISA plan is not “a critical factor in establishing Bayer’s liability under any of the traditional state laws of general application.”

LHC Group Inc. is the administrator of a self-insured employee welfare benefit plan governed …