Md. Federal Judge Dismisses Mentor Silicone Breast Implant Lawsuit Without Prejudice

BALTIMORE — A Maryland federal judge has dismissed without prejudice a complaint accusing Mentor of failing to adequately warn that its MemoryGel silicone breast implants may rupture, finding the claims are preempted because the plaintiff failed to allege how the company violated the Medical Device Amendments.

In a June 19 order, Judge James K. Bredar of the U.S. District Court for the District of Maryland further found the plaintiff failed to address the fact that the devices’ publicly available, FDA-approved insert sheet specifically warns of the possibility of rupture.

Kelly Diodato underwent breast augmentation surgery in April 2014, during which …