New Mexico Federal Judge Dismisses Bayer Essure Action as Preempted
July 3, 2023
SANTA FE, N.M. — A New Mexico federal judge has dismissed a lawsuit targeting Bayer Essure Inc.’s permanent contraception device, ruling the state law claims are expressly and impliedly preempted because they do not parallel federal law and improperly attempt to privately enforce the Food, Drug and Cosmetic Act.
In a June 28 order, Judge Margaret Strickland of the U.S. District Court for the District of New Mexico agreed with Bayer that the plaintiff’s “minimal amendments” to her original complaint “fail to overcome preemption and do not otherwise make her claims plausibly pled.”
Priscilla Garcia was implanted with the …