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BURRELL v. BAYER CORP.

No. 17-1715.

918 F.3d 372 (2019)

Kristiana Tweed BURRELL, individually and as Administratrix of the Estate of Ariel Grace Burrell; Travis Burrell, Plaintiffs-Appellants, v. BAYER CORPORATION, an Indiana Corporation; Bayer Healthcare LLC, a Delaware Corporation; Christopher Ford Williams; Stacy D. Travis, Dr.; Biltmore Ob-Gyn, P.A.; Bayer Essure Inc., f/k/a Conceptus, Inc., a Delaware Corporation; Bayer Healthcare Pharmaceuticals, Inc., a Delaware Corporation, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 14, 2019.

Attorney(s) appearing for the Case

ARGUED: Tejinder Singh , GOLDSTEIN & RUSSELL, P.C., Washington, D.C., for Appellants. Erika L. Maley , SIDLEY AUSTIN LLP, Washington, D.C., for Appellees. ON BRIEF: George Fleming , Rand P. Nolen , Jessica Kasischke , Sylvia Davidow , FLEMING, NOLEN & JEZ, L.L.P., Houston, Texas; Thomas C. Goldstein , GOLDSTEIN & RUSSELL, P.C., Bethesda, Maryland, for Appellants. Jonathan F. Cohn , Virginia A. Seitz , Christopher A. Eiswerth , Morgan Branch , SIDLEY AUSTIN LLP, Washington, D.C., for Appellees.

Vacated and remanded by published opinion. Judge Harris wrote the opinion, in which Judge Floyd and Judge Coggins joined.

Kristiana Tweed Burrell and her husband filed suit against Bayer in connection with a female sterilization device known as Essure, alleging that Burrell suffered a stillbirth and then underwent a hysterectomy due to complications from the device. The Burrells commenced this action in North Carolina state court, seeking...

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