STORY FROM: Drugs & Medical Devices

9th Cir. Upholds Award of Summary Judgment to Allergan in Silicone Breast Implant Case

SAN FRANCISCO — A federal appellate panel has upheld an award of summary judgment to Allergan Inc. in a silicone breast implant case, finding the plaintiff failed to show that the company violated federal law in its manufacture of the products.

In an Oct. 11 opinion, a panel of the 9th Circuit U.S. Court of Appeals affirmed that the plaintiff’s expert testimony did not establish that Allergan “failed to follow the FDA’s regulations and requirements set forth in its pre-market approval of the Natrelle Style 20 implant.”

Nicole Weber underwent reconstructive surgery in 2009 following a double mastectomy. She was ...

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Sherman Silverstein Kohl Rose & Podolsky
Slattery Petersen

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