9th Cir. Refuses to Reinstate Mentor MemoryGel Breast Implant Case

SAN FRANCISCO — A federal appeals court has refused to reinstate a lawsuit targeting Mentor Worldwide LLC’s MemoryGel silicone breast implants, ruling that the claims are preempted because the plaintiffs failed to specify what federal regulation the company violated in manufacturing the implants.

In a Feb. 5 memorandum, the 9th Circuit U.S. Court of Appeals panel further found the plaintiffs failed to allege actual adverse events that Mentor did not report to the Food and Drug Administration and did not identify a parallel state law duty to conduct post-approval studies.

Brittany Billetts, Vivian Aguiar, Ann Delmonico, Cornelia Ditto and Leah …