Negligence Claim Against Alcon is Preempted, Judge Rules

SYRACUSE, N.Y. - A common law negligence claim brought against the maker of an intraocular lens by a woman who suffered a toxic reaction is preempted because she sought to impose requirements that were "different from, or in addition to" federal requirements, a federal judge has ruled. Cafferty v. Alcon Laboratories Inc., et al., No. 08-0179 (N.D. N.Y.).

On Feb. 8, Senior Judge Neal P. McCurn of the U.S. District Court for the Northern District of New York granted Alcon Laboratories' motion for summary judgment on the claim.

Faye Cafferty underwent eye surgery in October 2005 and an Alcon intraocular …