STORY FROM: Drugs & Medical Devices

Kan. Federal Mentor Silicone Breast Implant Lawsuit Dismissed as Preempted

TOPEKA, Kan. — A Kansas federal judge dismissed a lawsuit targeting Mentor Worldwide LLC’s MemoryGel silicone breast implants after finding that the claims are expressly preempted because they would require the company to provide stronger warnings than those imposed by federal law.

In a Sept. 23 order, Judge Kathryn Vratil of the U.S. District Court for the District of Kansas further found some of the claims are impliedly preempted because the plaintiffs are attempting to enforce requirements under the Food, Drug and Cosmetic Act.

Amber Brooks and Jamie Gale sued Mentor Worldwide LLC, alleging their MemoryGel breast implants leaked silicone ...

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