Claims Against Mammogram Machine Manufacturer Preempted, Calif. Magistrate Judge Finds

SACRAMENTO, Calif. — Product liability claims asserted against the maker of a mammogram machine should be dismissed because the plaintiff failed to allege state-law claims that “parallel” federal requirements and therefore the claims are preempted, a California federal magistrate judge has recommended.

On Jan. 5, Magistrate Judge Kendall J. Newman of the U.S. District Court for the Eastern District of California further held that the plaintiff failed to sufficiently allege that the manufacturer’s failure to report adverse events caused her injuries.

Melba Johnson sued Hologic Inc. in the Sacramento County Superior Court on Feb. 10, 2014, alleging she was injured …