STORY FROM: Drugs & Medical Devices

Claim that Mentor Concealed Silicone Breast Implant Risks Not Preempted, Ill. Federal Judge Rules

CHICAGO — A claim that Mentor Inc. concealed the risk of gel leakage associated with its MemoryGel silicone breast implants is not preempted by federal law because it alleges violation of state law requirements that parallel federal law, an Illinois federal judge has held.

In a Jan. 11 order, Judge Gary Feinerman of the U.S. District Court for the Northern District of Illinois also gave the plaintiffs the opportunity to amend the claims that were found to be preempted by federal law.

Catherine Gravitt underwent saline breast implant surgery in 2008. After a series of complications, Gravitt underwent revision implantation ...

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