Claims Against Filshie Clip Makers Not Preempted, R.I. Federal Judge Rules

PROVIDENCE, R.I. — A Rhode Island federal judge has refused to dismiss failure-to-warn and negligence claims against the makers of birth control device Filshie Clips, ruling they are not preempted because the plaintiff alleged violations of state law that parallels federal regulations.

On March 14, Judge William E. Smith of the U.S. District Court for the District of Rhode Island However, the judge dismissed the claims for design and manufacturing defect, ruling they are preempted because they challenge FDA-approved processes.

Filshie Clips are silicone-lined titanium Class III medical devices that are attached to the fallopian tubes during a tubal ligation …