Holly Kelly Ennis
Bayer to Face Essure Wrongful Death Suit for Ariel Grace
Following a failed Essure procedure, Kristiana Burrell unknowingly became pregnant, despite being on additional birth control. After going into premature labor due to the Essure coil rupturing Kristiana’s amniotic sac, beautiful Ariel Grace was born sleeping at only 27 weeks old. Devastated, the family mourned the loss of their premature daughter and filed suit against both the physician who implanted the device and Bayer, the manufacturer of the defective device. The case was impoperly removed to federal court when Bayer erroneously claimed that a federal question was involved. The federal circuit judge declined to remand the case back to state court and dismissed the case.
Finally, after waiting almost exactly two years, the appellate court reversed the district court specifically finding that the district court erred in denying the Burrells' motion to remand their case back to state court and in deciding Bayer's motion to dismiss. The case will be returned to state court in North Carolina, where hopefully justice will be served for Ariel Grace.
Ariel Grace holds a special place in the hearts of thousands of Essure Sisters as a symbol of all of the children who have been lost due to Essure. In fact, the predecessor to the bill which is now know as the Medical Device Safety Act, was orignally named, 'Ariel Grace's Law.' The entire Essure community is relieved to have the Burrells' lawsuit back on track and seeks justice for Ariel Grace.