STORY FROM: Drugs & Medical Devices

Calif. Federal Mentor MemoryGel Lawsuit Dismissed on Preemption Grounds

LOS ANGELES — Claims filed against Mentor Worldwide LLC in connection with its silicone breast implants are preempted because the plaintiffs failed to specify what federal regulation the company violated in its development of the implant, a California federal judge has ruled.

In an Aug. 27 order, Judge Andre Birotte Jr. of the U.S. District Court for the Central District of California also dismissed manufacturer NuSil Technology LLC from the action, ruling that it was fraudulently joined because it did not manufacture any components of the implant.

Brittany Billetts, Vivian Aguiar, Ann Delmonico, Cornelia Ditto and Leah Johnson sued Mentor ...

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