Bayer’s Plea To Keep Essure Suit in Federal Court Rejected

Bayer’s Plea To Keep Essure Suit in Federal Court Rejected

Introduction

On Thursday, March 14, the 4th U.S. Circuit Court of Appeals tossed Bayer AG's attempt to force a North Carolina woman and her husband's claims, linked to Essure birth control device, in federal court rather than state court.

Bayer argued that the woman and her husband's lawsuit belonged to the federal court as the case required resolution of important federal legal questions considering that Essure was regulated by the U.S. Food and Drug Administration (FDA). Bayer's argument was rejected as the three-judge panel unanimously opined that the woman's lawsuit, which alleged Bayer failed to warn about the devastating side-effects of the birth control device, did not belong to the federal court and therefore the couple's allegations were improperly thrown out by a North Carolina federal judge in 2017.

The company has been facing extensive litigation owing to critical problems related to Essure's safety and effectiveness. Last year, Bayer announced to discontinue the sales of the birth control device.  Thousands of lawsuits filed by affected women alleged that the device caused them complications including hair loss and organ perforation.