Essure will no longer be marketed in the United States in the near future – or anywhere else in the world for that matter – but that doesn’t mean that the lawsuits surrounding the device are going anywhere. And, in at least one situation, a federal court has ruled that, at least for now, it’s not a federal issue.
Bayer had initially requested the move to the federal bench under ...
continue reading...After pulling Essure off shelves around the world and leaving the US as the only country on the planet left selling its sterilization device for women, Bayer has responded to an increase in attention and threats from the FDA by finally agreeing to pull it from US shelves as well.
Bloomberg is reporting that the device’s manufacturer received threats of civil and criminal liabilities from the FDA ...
continue reading...One of the key components of Bayer’s Essure defense has been to shift blame for injuries away from itself and onto other entities. However, with the latest decision by Alameda County Superior Court Judge Winifred Y. Smith, the pharmaceutical company’s ability to do that has become seriously impaired.
Federal preemption invalidates any state law that runs contrary to federal law. Put simply, it says that the law of the ...
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