Lawsuit Targeting ‘Filshie’ Fallopian Clips Proceeds in Ala. Federal Court

MONTGOMERY, Ala. — An Alabama federal judge has refused to dismiss a Filshie Clips lawsuit, ruling the claims are neither expressly nor impliedly preempted because they do not solely attempt to enforce FDCA requirements, and they are based upon alleged violations of state law that parallel federal requirements.

On March 27, Judge R. Austin Huffaker, Jr. of the U.S. District Court for the Middle District of Alabama further found there is personal jurisdiction over defendants CooperSurgical Inc. and Femcare Ltd. because they purposely availed themselves of doing business in the state.

In 2017, Jackie Mack underwent a tubal ligation procedure …