A Multi-Plaintiff Essure Lawsuit Remanded Back to State Court

A Multi-Plaintiff Essure Lawsuit Remanded Back to State Court

Introduction

On April 23, U.S. District Judge Karen Caldwell remanded a multi-plaintiff Essure lawsuit to Pike Circuit Court, Kentucky, where it was originally filed stating the case didn’t violate any substantial federal law and the claims made were non-diverse.

The case was filed by a group of three women in March 2017 against Bayer and Pikeville Medical Center, after three of them suffered similar injuries post Essure birth control device implantation at the same medical center.

Bayer managed to transfer the case to the federal court system on the grounds that federal question and diversity jurisdiction applied. The plaintiffs opposed the transfer and requested for the case to be transferred back to the state.

Judge Caldwell sided the plaintiffs stating, ‘’the defendants failed to carry out the burden of proving that the Kentucky statute of limitations prevented the plaintiffs from having a colorable basis of recovery under Kentucky law.”