Pa. Judge Tosses Essure Birth Control Suits As Time-barred

Introduction

U.S. District Judge John Padova dismissed numerous claims brought by plaintiffs who sued Bayer over Essure birth control device's complications finding that the claims were not filed within the two-year statute of limitations.

Bayer had filed a summary judgment motion to toss 12 claims filed by affected women. In his opinion, Judge Padova evaluated those 12 cases over the device's hazards and ruled that many of the claims must be tossed at the summary judgment phase. Plaintiffs who discovered their alleged Essure-related injuries outside the two-year timeframe were allowed to pursue their tort claims past the summary judgment phase. Judge Padova dismissed those plaintiffs' claims that Bayer breached its warranty to provide permanent birth control; these plaintiffs did not become pregnant; or claimed that the device migrated; nor have they removed Essure device. According to Wednesday's ruling, Judge Padova allowed six women to pursue their claims as they had presented sufficient evidence to support their suspected injuries including pain, bleeding and autoimmune disorders caused by Essure; two of the women became pregnant despite using Essure.

All Essure lawsuits are consolidated under Judicial Council Coordination Proceedings (JCCP) before Judge Winifred Y. Smith of the Alameda County Superior Court.

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