Negligence, Breach of Warranty Claims in Penile Implant Case Preempted, Pa. Federal Judge Rules

PHILADELPHIA — Negligence, strict liability and breach of warranty claims brought in a penile implant case are preempted because they relate to the device's safety and effectiveness and are "different from or in addition to" the federal requirements, a Pennsylvania federal judge has ruled.

On Feb. 13, Judge Mary A. McLaughlin of the U.S. District Court for the Eastern District of Pennsylvania also ruled that the breach of contract and breach of express warranty claims are inadequately pled. She dismissed those claims without prejudice and allowed the plaintiff to amend his complaint.

In March 2010, John Starks was implanted with …