Claims Against Bayer Corp. in N.Y. Essure Injury Action Dismissed as Preempted
October 28, 2022
NEW YORK — A New York federal judge has dismissed Bayer Corp. from an Essure birth control injury case, ruling the claims are preempted by federal law because they seek to challenge the Food and Drug Administration’s “rigorous” premarket approval process.
In an Oct. 26 order, Judge Joanna Seybert of the U.S. District Court for the Eastern District of New York held that because they are preempted, the plaintiff’s state law claims are not plausible. The judge also ordered the plaintiff to show cause why the case should not be dismissed in its entirety for failure to prosecute.
Meredith Manopella-Fletcher …
- Litman Law Firm
- Sidley Austin LLP