Skip to main content

A Multi-Plaintiff Essure Lawsuit Remanded Back to State Court

A Multi-Plaintiff Essure Lawsuit Remanded Back to State Court

 A Multi-Plaintiff Essure Lawsuit Remanded Back to State Court

Introduction

On April 23, U.S. District Judge Karen Caldwell remanded a multi-plaintiff Essure lawsuit to Pike Circuit Court, Kentucky, where it was originally filed stating the case didn’t violate any substantial federal law and the claims made were non-diverse.

The case was filed by a group of three women in March 2017 against Bayer and Pikeville Medical Center, after three of them suffered similar injuries post Essure birth control device implantation at the same medical center.

Bayer managed to transfer the case to the federal court system on the grounds that federal question and diversity jurisdiction applied. The plaintiffs opposed the transfer and requested for the case to be transferred back to the state.

Judge Caldwell sided the plaintiffs stating, ‘’the defendants failed to carry out the burden of proving that the Kentucky statute of limitations prevented the plaintiffs from having a colorable basis of recovery under Kentucky law.”

Comments

Restricted HTML

  • Allowed HTML tags: <a href hreflang> <em> <strong> <cite> <blockquote cite> <code> <ul type> <ol start type> <li> <dl> <dt> <dd> <h2 id> <h3 id> <h4 id> <h5 id> <h6 id>
  • Lines and paragraphs break automatically.
  • Web page addresses and email addresses turn into links automatically.

Latest News

Purdue, Sacklers Agree to $7.4B Opioid Settlement

Categories: Opioids

Purdue Pharma and its owners, the Sackler family, have agreed to a $7.4 billion settlement to resolve thousands of lawsuits accusing the…

Paraquat Trials Scheduled for October 2025 & April 2026

Categories: Paraquat

A U.S. District Judge overseeing thousands of federal

UGA College of Pharmacy Gets $1M+ to Fight Opioid Crisis

Categories: Opioids

Faculty from the University of Georgia’s College of Pharmacy have been awarded a nearly $1.2 million grant from the Georgia Opioid Crisis…

Get 5 Free Medical Record Reviews – No Risk, No Contracts!      
Only 10 firms will be accepted!

Valid until February 28, 2025.