STORY FROM: Drugs & Medical Devices

N.Y. Federal Judge Dismisses Mentor Breast Implant Action as Preempted

ALBANY, N.Y. — A New York federal judge has dismissed a Mentor silicone breast implant lawsuit with prejudice, ruling that the plaintiff’s failure-to-warn, design defect and manufacturing defect claims are preempted because they seek to impose requirements that are different from, or in addition to, federal regulations.

In an April 7 order, Judge Mae D’Agostino of the U.S. District Court for the Northern District of New York further ruled that the plaintiff’s breach of warranty claims are preempted by federal law.

Genevieve Webb underwent breast augmentation surgery in October 2016, during which she was implanted with Mentor Worldwide MemoryGel ...

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