Calif. patient sues Bayer Corp. in Philadelphia over birth control implant

By Jenie Mallari-Torres | Nov 12, 2018

PHILADELPHIA — A California resident is suing Bayer Corp., et al., drug manufacturer, citing alleged breach of warranty, failure to warn, negligence, negligent misrepresentation, and product liability.

Zenaida Talavera filed a complaint recently in the Philadelphia County Court of Common Pleas against the defendants alleging they obtained profit through distribution of a substandard product. The case was removed to the U.S. District Court for the Eastern District of Pennsylvania on Oct. 31.

According to the complaint, the plaintiff alleges she has sustained injuries and exacerbations, and sustained significant pain and suffering, as a result of being implanted with defendants' product, a female birth control device known as Essure, that was misrepresented by the defendants to be safe for use. But, the device has a tendency to migrate from the tubes, perforate organs, disintegrate, and/or corrode, causing women life-threatening complications, the suit says.

The plaintiff holds Bayer Corp., et al., responsible because the defendants allegedly failed to warn plaintiffs and/or their implanting physicians of potential quality and failure modes of Essure; failed to provide the requisite training to the implanting physicians; failed to report and actively concealed adverse events that occurred as a result of Essure; failed to report known hazards of the device to the FDA; and manufactured Essure for three years without a license to do so.

The plaintiff requests a trial by jury and seeks judgment against defendants for an amount in excess of $50,000 each, compensatory and punitive damages, incidental and consequential damages, delay damages, attorney’s fees and costs of suit in an amount to be determined upon the trial of the matter. She is represented by T. Matthew Leckman of Leckman Law LLC in Elkins Park.

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