Bayer received good news beginning of the year as the Missouri Supreme Court ruled in its favor regarding an Essure Lawsuit filed by 92 women for injuries allegedly caused by the implanted Essure coils. The Missouri court ruled in the defendant’s favor stating it lacked jurisdiction over non-residents. This decision has affected the proceeding of this lawsuit in the Missouri Court for now as only seven out of the 92 plaintiffs were from Missouri. Bayer requested the court to transfer non-Missouri plaintiffs to appropriate venues and also stated that all claims were preempted by the federal law, which meant they were immune from the lawsuits because the FDA approved the medical device.
However, the plaintiffs have filed a petition stating that chief investigators for the device’s clinical studies were from Missouri, its national marketing campaign was based there, and clinical trials were conducted in this state. The Supreme Court judges have allowed the lower court to consider plaintiffs’ amended petition.
