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Bayer Must Face Revived Essure Suit in N.C. State Court

March 14, 2019, 5:07 PM

Bayer Corp. must face a North Carolina couple’s Essure contraceptive suit in state court, a federal appeals court said.

The case, which alleges a defect resulted in the birth of a stillborn and injuries, doesn’t involve questions of federal law that could give federal courts jurisidiction, the U.S. Court of Appeals for the Fourth Circuit said March 14.

The appeals court vacated rulings by a district court, which after finding jurisdiction, had dismissed the suit as preempted by federal medical device law.

The Fourth Circuit sent the case back to a North Carolina state court and didn’t reach the preemption...

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