Claims Against Penile Implant Maker Federally Preempted, Texas Federal Judge Rules

MCALLEN, Texas — A Texas federal judge has granted American Medical Systems summary judgment in a penile implant case, ruling that because the Food And Drug Administration had approved the device, the plaintiff’s claims are federally preempted.

On Feb. 4, Judge Randy Crane of the U.S. District Court for the Southern District of Texas found the plaintiff failed to assert a state law claim that “parallels” federal regulations.

On Feb. 11, 2012, Ricardo Rodriguez was implanted with a "penile inflatable prosthesis AMS 700 MS." He later sued AMS, asserting Texas state law claims of strict liability on the alleged basis …