Claims in Allergan Lap-Band Case Preempted as Pled, Ala. Federal Judge Rules

BIRMINGHAM, Ala. — An Alabama judge has dismissed an Allergan Lap-Band lawsuit without prejudice, holding that while the plaintiff’s claims of negligence, failure-to-warn and misrepresentation are adequately pled, they are either expressly or impliedly preempted by federal law.

On April 4, Judge Madeline H. Haikala of the U.S. District Court for the Northern District of Alabama said the plaintiff may file an amended complaint by April 16 to plead state law claims that parallel federal regulations.

In 2007, Rosalie Rice underwent implantation of the Lap-Band, a medical device designed to help patients lose weight. The Lap-Band is placed around the …