Claims in Ethicon Surgiflo Action Preempted, Calif. Federal Judge Rules

SAN DIEGO — A California federal judge has dismissed without prejudice negligence and strict liability claims asserted against Ethicon Inc. in connection with its Surgiflo self-absorbing packing, finding they are federally preempted because they challenge the safety and effectiveness of the device.

In an Aug. 22, order, Judge Gonzalo P. Curiel of the U.S. District Court for the Southern District of California found the plaintiffs failed to allege Ethicon violated federal regulations that parallel state law requirements.

Kimberly Weaver underwent sinus surgery on Nov. 25, 2014, during which her surgeon used the Surgiflo Hemostatic Matrix Kit as a self-absorbing packing …