Judge Says Claims in Gastric Balloon Case Fail Under La. Law, Impliedly Preempted
May 24, 2021
NEW ORLEANS — A Louisiana federal judge has dismissed a lawsuit involving ReShape Lifesciences Inc.’s gastric balloon, ruling that the state law failure-to-warn claims fail because the plaintiff’s surgeon was familiar with the weight loss device’s risks.
In a May 12 order, Judge Martin L.C. Feldman of the U.S. District Court for the Eastern District of Louisiana further ruled that the claims are impliedly preempted because they "exist solely by virtue of federal requirements" established by Congress.
Ohio dentist Dr. Paul Vesoulis sued ReShape Lifesciences Inc. after his esophagus was perforated by ReShape’s weight loss balloon when surgeon Dr. Thomas …