Design, Manufacturing Defect Claims Trimmed from Texas Filshie Clip Action

AMARILLO, Texas — A Texas federal magistrate judge has trimmed claims for design and manufacturing defect from a lawsuit in which a woman alleges that her Filshie Clips migrated and caused her to become pregnant, ruling they are preempted because it was not alleged that defendants violated federal law in designing and manufacturing the birth control devices.

In an Oct. 23 order, Magistrate Judge Lee Ann Reno of the U.S. District Court for the Northern District of Texas allowed the negligence-based claims to proceed, ruling they are not preempted because the plaintiff alleged defendants violated state and federal law by …