STORY FROM: Drugs & Medical Devices

La. Federal Implanon, Nexplanon Birth Control Action Dismissed

NEW ORLEANS — A Louisiana federal judge has dismissed an action involving the implantable birth control products Implanon and Nexplanon, finding the plaintiff failed to adequately plead theories of design defect, failure to warn, and breach of express warranty.

On June 1, Judge Sarah S. Vance of the U.S. District Court for the Eastern District of Pennsylvania said the plaintiff failed to allege how the devices deviated from the manufacturers’ specifications or performance standards. She also failed to adequately plead that her doctor was not warned of specific risks, and did not specify the warranty in question and explain why ...

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Kuchler Polk Weiner
Magee & Associates
Reed Smith

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