March 14, 2019 / 8:14 PM / 7 months ago

Bayer cannot litigate Essure injury lawsuit in federal court - 4th Circuit

A federal appeals court on Thursday tossed Bayer AG’s bid to force a North Carolina woman and her husband to litigate claims that it failed to warn of the dangers associated with its birth control device Essure in federal rather than state court.

A three-judge panel of the 4th U.S. Circuit Court of Appeals rejected Bayer’s contention that Kristiana Burrell’s lawsuit belonged in a federal court because the case will require the resolution of important federal legal questions given that Essure is regulated by the U.S. Food and Drug Administration.

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