STORY FROM: Drugs & Medical Devices

Construction Defect, Redhibition Claims to Proceed in Allergan Breast Implant Case

NEW ORLEANS — A Louisiana federal judge has allowed claims of construction defect and redhibition to proceed against Allergan Inc. in a lawsuit targeting its silicone breast implants, ruling that the claims are not preempted because the plaintiff pled that the manufacturer violated federal regulations.

However, in the Feb. 19 order, Judge Martin Feldman of the U.S. District Court for the Eastern District of Louisiana dismissed the plaintiff’s inadequate warning and breach of express warranty claims as preempted.

Sheridan Allo was implanted with two Allergan Natrelle Style 410 FX silicone breast implants following a bilateral mastectomy. Three years ...

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