Claims in Coloplast Penile Implant Action Preempted, Inadequately Pled, La. Federal Judge Rules

NEW ORLEANS — Design and manufacturing defect, and failure-to-warn claims asserted against Coloplast Corp. in connection with its penile implant device are federally preempted because they fail to allege state law claims based upon violations of FDA regulations, a Louisiana federal judge has ruled.

On Jan. 3, Judge Sarah S. Vance of the U.S. District Court for the Eastern District of Louisiana further held that the plaintiffs’ breach of express warranty claim did not meet the pleading requirements set by the state products liability act. The judge dismissed the action with prejudice.

Stephen Parra suffered from erectile dysfunction as a …