N.Y. Federal Judge Dismisses Essure Birth Control Case as Preempted, Inadequately Pled

UTICA, N.Y. — A New York federal judge has dismissed a lawsuit alleging injuries caused by Bayer’s Essure birth control device, ruling the claims for failure to warn, design defect, and manufacturing defect are preempted because the plaintiff failed to allege how defendants deviated from FDA regulations.

In a Nov. 1 order, Chief Judge Brenda K. Sannes of the U.S. District Court for the Northern District of New York further found the plaintiff failed to allege a causal nexus between defendants’ alleged failure to report adverse events and her injuries.

Krystal Dains was implanted with the Essure device in September …