Majority of Claims in Allergan Breast Implant MDL Not Preempted, Judge Rules

TRENTON, N.J. — The New Jersey federal judge overseeing the Allergan Biocell breast implant MDL docket has ruled that claims based upon an alleged failure to submit adverse event reports to the FDA are not preempted because they are based upon breach of a federal duty.

In a March 19 order, Judge Brian Martinotti of the U.S. District Court for the District of New Jersey further ruled that the claims for manufacturing defect, negligence per se, breach of warranty, consumer fraud are not preempted.

However, the judge found the label-based failure-to-warn claims are preempted because they would “require …