Claims in Fallopian Tube Clip Action Preempted, Ala. Federal Judge Rules

BIRMINGHAM, Ala. — An Alabama federal judge has dismissed without prejudice a fallopian tube clip action, ruling that most of the claims are impliedly preempted because they are based solely upon the defendant’s failure to report adverse events to the Food and Drug Administration.

In a July 8 order, Judge Abdul Kallon of the U.S. District Court for the Northern District of Alabama further found the remaining claims are expressly preempted because they do not allege violations of state law that parallel federal regulations.

Filshie clips are silicone-lined titanium medical devices that are attached to the fallopian tubes during …