Negligence Claims Against Lap-Band Maker Preempted, Calif. Appellate Court Affirms

LOS ANGELES — Claims that Allergan negligently failed to train its physicians in the implementation of its Lap-Band weight loss device are expressly preempted because the plaintiff failed to assert claims based on state requirements that are “different from, or in addition to” federal requirements.

In an April 29 opinion, the California Court of Appeal, 1st District, further ruled that the plaintiff’s claims are impliedly preempted because the Food and Drug Administration mandated the training program and therefore the claim does not exist independently of the Food, Drug and Cosmetic Act.

Ashley Glennen underwent surgical implantation of Allergan’s Lap-Band Adjustable …