Manufacturing Defect, Warranty Claims to Proceed in Gastric Balloon Action

GULFPORT, Miss. — A Mississippi federal judge has allowed claims of manufacturing defect and breach of express warranty to proceed against Apollo Endosurgery US Inc. in an intragastric balloon action, finding they are not preempted by federal law because they parallel federal requirements.

In a Nov. 8 order, Judge David Bramlette of the U.S. District Court for the Southern District of Mississippi also refused to dismiss the plaintiff’s claim for punitive damages as it relates to the claims that are not preempted.

Stephanie Knoth was endoscopically inserted with the Orbera intragastric balloon on Nov. 29, 2016, for weight loss. …