STORY FROM: Drugs & Medical Devices

Wash. Federal Judge Dismisses Breast Implant Lawsuit, Says Claims Preempted

SEATTLE — A Washington federal judge has dismissed with prejudice a lawsuit involving Allergan’s Natrelle breast implants, finding the claims are expressly preempted because they seek to impose safety requirements that are different from, or in addition to, those imposed by federal law.

In a Nov. 2 order, Judge John C. Coughenour of the U.S. District Court for the Western District of Washington found the claims sound in failure-to-warn and therefore challenge the federally approved warnings accompanying the breast implants.

Pamela Shelp underwent breast augmentation surgery in 2011. Within a few months of the procedure she allegedly developed several muscular ...

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