Ohio Federal Judge Allows Discovery on Preemption Issue in Sculptra Cosmetic Injection Lawsuit

COLUMBUS, Ohio — An Ohio federal judge has refused to dismiss a Sculptra cosmetic injection lawsuit, ruling that the parties should be given the opportunity to conduct discovery on the issue of whether the plaintiff’s state law claims are preempted by federal law.

In a Dec. 18 order, Judge Gregory L. Frost of the U.S. District Court for the Southern District of Ohio explained that the preemption issue should not be decided in the “limited context of an initial complaint.”

Beginning in August 2012 and continuing until sometime in June 2013, Dominique Brooks, a.k.a. Dominique Reighard received a series of …