Ark. Federal Judge Dismisses Essure Case on Preemption Basis

LITTLE ROCK, Ark. — An Arkansas federal judge has dismissed an Essure case against Bayer, ruling that while the plaintiff’s negligent training claim is not necessarily preempted by federal law, she failed to show how her injuries were caused by Bayer’s alleged failure to properly train her physician.

In a Feb. 22 order, Judge Billy Roy Wilson of the U.S. District Court for the Eastern District of Arkansas further ruled that the “risk management” claim is impliedly preempted, and the breach of express warranty claim is expressly preempted.

Kristen Green was implanted with the Essure device in April 2009. Essure, …