On February 22, 2017, Judge John Padova of the Eastern District of Pennsylvania issued an order allowing four additional claims to move forward. The new claims moving forward include: negligent training, negligent risk management, fraudulent misrepresentations and breach of warranty. This is an addition to the two prior claims he has already allowed to proceed: failure to warn and negligent misrepresentation.
Bayer tried to dismiss these claims arguing federal preemption and that the claims failed to adequately allege a valid cause of action. However, Bayer's attempt was unsuccessful.
Moving forward, the claims will be proceeding to the discovery phase where Bayer representatives will be put under oath and questioned about their actions, or should we say inactions. They will also be required to hand over relevant internal documents which will shed light on the real truth about the safety of Essure.
The well written and detailed opinion by the Honorable John Padova will serve as guidance for courts throughout the country.