RICHMOND, Va. (WRIC) — A Federal judge in Philadelphia has allowed a lawsuit against the controversial birth control device Essure to proceed.
While the Federal judge in the Pennsylvania case rejected most of the five women’s claims, he ruled two claims are reasonable: negligent misrepresentation and negligent failure to warn of the risks.
The women claim the device migrated, puncturing organs. Bayer had asked the case be dismissed citing preemption, an FDA pre-market approval that shields manufacturers from liability litigation.
Thousands of women across the country have complained the device has caused severe pain.Amanda Rusmisell, who has helped lead a fight online against Essure, says this ruling could pave the way for more lawsuits but adds the fight doesn’t stop there.
“Just because these cases are filed and going forward does not mean we are stopping our work with Congress,” she said.There is currently a bill in Congress to pull Essure from the market.
Bayer, on the other hand, tells 8News:
“Bayer is pleased with the court’s decision to dismiss most of the claims and narrow the cases significantly. In addition, two prior courts considering similar claims dismissed those suits entirely.”
Last month, the FDA required Bayer to add a black-box warning, the strongest of warnings, to the Essure label.