Bayer Healthcare has lost another bid to have a multi-plaintiff Essure lawsuit removed from state to federal court.
Free Confidential Lawsuit Evaluation: If you or a loved one suffered complications after receiving the Essure implant, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.
What’s the Problem?
December 21, 2016 – U.S. District Judge Henry E. Autrey remanded a joint Essure lawsuit filed by 32 plaintiffs from the Eastern District of Missouri back to St. Louis Circuit Court earlier this month, denying Bayer’s argument that the complaints were improperly joined and involved questions of federal law. This marks the third time in as many months a federal judge has struck down Bayer’s attempts to remove state Essure lawsuits to federal courts.
In October, Bayer used the same arguments when it tried unsuccessfully to remove an 87 plaintiff Essure lawsuit from a state court in Illinois, as well as a California lawsuit involving more than 180 plaintiffs in November.
In the Missouri suit, Bayer argued that the cases were filed by plaintiffs who were not residents of the state and therefore should not have been joined in the complaint. The company claimed that if only Missouri residents were part of the suit, the federal court would have jurisdiction to hear the case because the plaintiffs would not share residency with Bayer.
Judge Autrey was not convinced, ruling that the out-of-state plaintiffs were not improperly joined because they shared a common question of fact.
“In this district, courts have consistently held that an alleged lack of personal jurisdiction does not establish fraudulent joinder,” Autrey said. “Courts in this district have determined that the joinder of plaintiffs alleging injury from a single product is not ‘egregious’ because common questions of law and fact connect the plaintiffs’ claims.”
Plaintiffs in this action, like all Essure lawsuits, allege experiencing severe health problems after undergoing the Essure procedure. Complications linked to Essure include device migration, miscarriages, abdominal and pelvic pain, unintended pregnancies and heavy bleeding.
Due to the similarity of allegations raised in the complaints, Autrey said common questions of law and fact are “likely to arise in the litigation” and the cases are, therefore, properly joined.
Do I Have an Essure Lawsuit?
The Class Action Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Essure side effects lawsuits. We are handling individual litigation nationwide and currently accepting new injury cases in all 50 states.
Free Case Evaluation: Again, if you had debilitating side effects from the Essure procedure, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.