9th Cir. Upholds Preemption Ruling in Mentor Silicone Breast Implant Case

SAN FRANCISCO — The 9th Circuit U.S. Court of Appeals has refused to revive a lawsuit targeting Mentor Worldwide LLC’s silicone breast implants, agreeing with the trial court that the warning claims are preempted by federal law because plaintiffs failed to allege actual adverse events that Mentor did not report to the FDA.

In a Feb. 5 ruling, the appellate panel further found the plaintiffs’ manufacturing defect claims are preempted because plaintiffs failed to allege Mentor violated a particular FDA requirement.

Four women sued Mentor and NuSil Technology LLC, alleging various injuries caused by their Mentor MemoryGel silicone breast implants, …