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Bosch v. Bayer Healthcare Pharms., Inc.

United States District Court, W.D. Kentucky, Louisville Division

April 8, 2014

DANIKA VANDEN BOSCH and JACKLYN HOGUE, Individually and As Next Friend of MARIAH RICE, PLAINTIFFS
v.
BAYER HEALTHCARE PHARMACEUTICALS, INC., DEFENDANT

Decided April 7, 2014.

Page 731

[Copyrighted Material Omitted]

Page 732

[Copyrighted Material Omitted]

Page 733

For Danika Vanden Bosch, Jacklyn Hogue, Individually and as Next Friend of Mariah Rice, Mariah Rice, Plaintiffs: Nathan D. Williams, William D. Nefzger, LEAD ATTORNEYS, Bahe Cook Cantley & Nefzger PLC, Louisville, KY.

For Bayer Healthcare Pharmaceuticals, Inc., Defendant: Brian P. O'Donoghue, LEAD ATTORNEY, Goldman Ismail Tomaselli Brennan & Baum, LLP, Chicago, IL; Darryl Scott Lavery, LEAD ATTORNEY, Boehl Stopher & Graves, LLP - Louisville, Louisville, KY.

OPINION

Page 734

Memorandum Opinion and Order

Joseph H. McKinley, Jr., Chief United States District Judge.

This matter is before the Court on the Motion to Dismiss Plaintiffs' Amended Complaint for Failure to State a Claim and Motion to Strike [DN 36] of Bayer Healthcare Pharmaceuticals (" Bayer" ). Fully briefed, this matter is ripe for decision. For the following reasons, the Court holds that Bayer's motion to dismiss [DN 36] is GRANTED in part and DENIED in part.

I. Background

This action concerns Mirena®, an intrauterine contraceptive system which was designed, manufactured, tested, marketed, and distributed by Bayer. (See Am. Compl. [DN 34] ¶ ¶ 13-14.) Mirena® is made of flexible plastic and is inserted into a patient's uterus by a healthcare provider during an office visit. (See id. ¶ 26.) Once inserted, Mirena® releases levonorgestrel, a synthetic progestogen, directly into the uterus for birth control. While it is not known exactly how Mirena® works, it is believed that Mirena® ...


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