STORY FROM: Drugs & Medical Devices

Negligent Manufacturing Claim to Proceed in Fla. Mentor MemoryGel Breast Implant Case

TAMPA, Fla. — A Florida federal judge has held that the majority of claims in a Mentor MemoryGel silicone breast implant case are preempted, but he allowed the negligent manufacturing claim to proceed because it seeks to enforce state laws that parallel federal regulations.

In a March 2 order, Judge James S. Moody of the U.S. District Court for the Middle District of Florida explained that Florida’s duty to use due care in manufacturing a medical device “is parallel to the federal requirement that the device be manufactured according to the approved specifications for the medical device.” As such, the ...

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