Filshie Clip Makers Prevail on Preemption Argument in Ohio Federal Court

COLUMBUS, Ohio — An Ohio federal judge has awarded the makers of Clips summary judgment in a lawsuit accusing them of failing to warn that the birth control devices had a 25 percent propensity to migrate, ruling the claim is preempted because the Food and Drug Administration did not require such a warning.

In a Feb. 26 order, Judge Edmund A. Sargus Jr. of the U.S. District Court for the Southern District of Ohio further noted that defendants presented evidence that defendants submitted supplemental information to the FDA under the agency’s requirements.

Filshie Clips are silicone-lined titanium Class III …