STORY FROM: Drugs & Medical Devices

Manufacturing Defect, Negligence Claims to Proceed in Allergan Silicone Breast Implant Case

ST. LOUIS — A Missouri federal judge has allowed a lawsuit to proceed against Allergan Inc. and NuSil Technology Inc. in a silicone breast implant case, ruling that, as pled, the negligence and manufacturing defect claims are not preempted because the plaintiffs have alleged a defect or flaw in the manufacturing process.

In a Sept. 11 order, Judge Ronnie L. White of the U.S. District Court for the Eastern District of Missouri further ruled that the plaintiffs have alleged sufficient facts to support their claims of negligence and strict liability.

Robin Sumpter underwent a breast augmentation procedure in 2007. Upon ...

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