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UPDATED: Five Pennsylvania Essure Cases Made It Past Preemption


— March 23, 2016

In a press release today, KPW Law firm announced that the Five Pennsylvania Essure cases made it past preemption!


In a press release today, the E-Sisters announced that the Five Pennsylvania Essure cases made it past preemption!

This is a victory for the E-Sisters, women harmed by Bayer’s “permanent” birth control device, Essure. While I am still reading the 54-page memorandum to provide more in-depth coverage, the good news should be shared today. Expect a closer look at the issue soon.

From the E-Sister’s press release (reformatted for ease of reading):

“HERE IS A BREAKDOWN OF THE CAUSES OF ACTION:

Dismissed are:

  • Negligent entrustment
  • Strict liability on express preemption grounds
  • Pharmacovigilance
  • Negligent risk management
  • Breach of express warranty
  • UTPCPL
  • Fraudulent misrepresentation
  • Negligent manufacture
  • Fraudulent concealment
  • Strict liability.

What we can proceed with:

  • Negligent misrepresentation
  • Negligent failure to warn
  • Negligent training
  • A different negligent risk management count, and
  • Another negligent manufacture count (XI).”

The Order can be seen here.

Thank you to the E-Sisters who brought this to my attention! More coming soon!

Image courtesy & copyright Carrie Hirmer
Image courtesy & copyright Carrie Hirmer

Source:

http://essureproblems.webs.com/past-preemption

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