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Bayer Can’t Shed Warranty Claims Over Essure Contraceptive

July 30, 2019, 8:03 PM

Bayer Healthcare Pharmaceuticals Inc. must face claims by women challenging marketing assertions that its Essure permanent contraceptive prevented pregnancy.

Essure consists of two coils that get implanted in the fallopian tubes, causing the formation of scar tissue that creates a barrier to fertilization. Thousands of women have sued alleging they suffered pain, unwanted pregnancy, and other complications caused by the device.

Bayer can’t avoid the breach of warranty or misrepresentation claims for now, the U.S. District Court for the Eastern District of Pennsylvania said in a July 29 order.

Plaintiffs based their claims on statements including a representation that said...

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