STORY FROM: Drugs & Medical Devices
9th Cir. Panel Upholds Dismissal of Mentor Silicone Breast Implant Action on Preemption Grounds
May 28, 2020
SAN FRANCISCO — A federal appeals court has upheld dismissal of a silicone breast implant action, finding the claims are preempted because the plaintiff failed to sufficiently allege that Mentor Worldwide LLC violated state law claims that are parallel to federal regulations.
In a May 15 order, a 9th Circuit U.S. Court of Appeals panel found the plaintiff did not show how Mentor failed to comply with the Food and Drug Administration’s Current Good Manufacturing Practices.
Sara Ebrahimi alleged a state law claim for strict liability manufacturing defect arising from injuries she suffered after receiving Mentor’s silicone gel breast implants. ...