Texas Federal Filshie Clip Migration Case Dismissed as Preempted

HOUSTON — A Texas federal judge has dismissed an action in which two women sued the makers of the Filshie Clip birth control device after their implants migrated and, in one of the women, penetrated her intestine, ruling that the design defect and failure-to-warn claims are preempted by federal law.

In a March 25 order, Judge Drew Tipton of the U.S. District Court for the Southern District of Texas found a magistrate judge correctly determined that preemption applies because plaintiffs do not allege that the Filshie Clips were designed in violation of federal standards and that plaintiffs are challenging warnings …