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:
- Negligent entrustment
- Strict liability on express preemption grounds
- Negligent risk management
- Breach of express warranty
- 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!