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Product Liability & Toxics Law

Bayer Gets Essure Contraceptive Claims Trimmed in Indiana Suit

Aug. 20, 2020, 4:00 PM

Bayer Corp. faces a narrowed Essure suit by more than 30 Indiana women, following an Indiana appeals court ruling that eliminated claims over the contraceptive as preempted by federal medical device law or not recognized under Indiana product liability law.

The ruling comes as Bayer is in talks to resolve Essure litigation.

Rene Leach and others alleged they were physically injured by Essure, which was marketed as a form of permanent birth control. A trial court allowed their claims to advance.

But Bayer is entitled to judgment on all tort claims premised on the failure to strengthen Essure’s label warnings...

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