STORY FROM: Drugs & Medical Devices

Calif. Appellate Court Reinstates Mentor Breast Implant Case, Says Claims Not Preempted

LOS ANGELES — A California appellate court has reinstated negligence claims asserted against Mentor Worldwide LLC in a case targeting its MemoryGel silicone breast implants, finding they survive preemption because they are based upon conduct that violates the Medical Device Amendments to the Food, Drug and Cosmetic Act.

In a July 2 opinion, the California Court of Appeal, 2nd District, added that even in the absence of the MDA, the claims give rise to a recovery under state law. The court further ruled that the plaintiff alleged a sufficient causal connection between her injuries and Mentor’s tortious acts to survive ...

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