STORY FROM: Drugs & Medical Devices

Calif. Mentor MemoryGel Silicone Breast Implant Lawsuit Sent to State Court

LOS ANGELES — A California federal judge has remanded a Mentor silicone breast implant case to state court, ruling that the plaintiffs have asserted viable claims against a California defendant, destroying diversity.

In a Sept. 7 order, Judge Andre Birotte Jr. of the U.S. District Court for the Central District of California further held that the complaint does not present a substantial federal issue. The judge said the defendants’ defense of federal preemption does not transform the plaintiffs’ state law claims into federal claims.

Nicole Vieira and Emilia Barozzi were both implanted with Mentor’s MemoryGel silicone breast implants. Following ...

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