Claims Against Penile Implant Maker Federally Preempted, 5th Cir. Affirms

NEW ORLEANS — American Medical Systems was properly granted summary judgment in a penile implant case because the FDA had approved the device, thereby preempting the plaintiff's claims, a federal appeals court has ruled.

In a Dec. 31 opinion, the 5th Circuit U.S. Court of Appeals affirmed that the plaintiff failed to assert a state law claim that “parallels” federal regulations.

Ricardo Rodriguez was implanted with an AMS 700 MS inflatable penile prosthesis in 2012. He later sued AMS in Texas state court, alleging the implant failed to properly function and caused him pain and disfiguration.

AMS removed the …