Penile Implant Case to Proceed Against Coloplast in Pa. Federal Court

PITTSBURGH — Negligence and strict liability claims asserted against Coloplast Corp. in a penile implant case are not preempted because the plaintiff has sufficiently alleged state law claims that parallel federal regulations, a Pennsylvania federal judge has ruled.

In a Sept. 18 order, Senior Judge David Cercone of the U.S. District Court for the Western District of Pennsylvania further ruled that the plaintiff adequately alleged his breach of express warranty claim.

On May 6, 2015, Thomas Bowlen underwent implantation of Coloplast’s Titan penile implant device to help treat his erectile dysfunction.

The device consists of two cylinders and a …