Plaintiff May Replead Negligent Training Claims in Essure Case, Conn. Federal Judge Rules

HARTFORD, Conn. — A Connecticut federal judge has allowed a plaintiff to replead her negligent training claims in an Essure birth control device case, predicting that the state high court would recognize that manufacturers can be held liable for the failure to exercise reasonable care in the training it undertook to provide to physicians.

In a Sept. 25 order, Judge Michael P. Shea of the U.S. District Court for the District of Connecticut noted that Connecticut courts have recognized liability to third persons for negligent performance of an undertaking in certain contexts, adopting § 324A(b) of the Restatement (Second) of …