Claims Targeting Mentor’s MemoryGel Breast Implants Preempted, 9th Cir. Affirms

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.

Mary Sewell, Carole Little, Julia Maceo, Aurora Cattuzzo, Barbara Johncke, Marianne Curry and their husbands sued Mentor and NuSil …