A federal judge has tossed most counts in five plaintiffs’ complaints against Bayer involving an allegedly defective birth-control device, but has allowed the case to proceed on two claims and given plaintiffs permission to amend several others.
U.S. District Judge John R. Padova of the Eastern District of Pennsylvania allowed the plaintiffs in Strimel v. Bayer to proceed with their negligent misrepresentation and negligent failure-to-warn claims relating to the device Essure, while dismissing the majority of the remaining counts for failure to state a claim. However, Padova granted the plaintiffs leave to file an amended complaint on counts of negligent training, negligent risk management, breach of express warranty, fraudulent representation and negligent manufacture.
