Mentor Awarded Summary Judgment in Ill. Federal MemoryGel Breast Implant Case

CHICAGO — An Illinois federal judge has awarded Mentor Worldwide LLC summary judgment on the remaining claims of failure-to-warn and loss of consortium in a MemoryGel breast implant action, ruling the plaintiffs failed to proffer evidence that the company violated a federal requirement by underreporting to the FDA the implants’ risk of rupture or gel bleed.

On Aug. 22, Judge Gary Feinerman of the U.S. District Court for the Northern District of Illinois concluded that the failure-to-warn claim is therefore impliedly preempted because it is impermissibly based solely upon a violation of the Food, Drug and Cosmetic Act.

Catherine Gravitt …