Claims in Allergan Breast Implant Case Preempted, Mo. Federal Judge Rules

  • Order

ST. LOUIS — A Missouri federal judge has dismissed an action concerning Allergan’s silicone breast implants, finding the claims are preempted because they seek to impose state requirements that are “different from, or in addition to” those imposed under federal law.

On Aug. 4, Judge Audrey Fleissig of the U.S. District Court for the Eastern District of Missouri further ruled that to the extend the plaintiff alleged Allergan failed to submit adverse event reports to the Food and Drug Administration, those claims are impliedly preempted.

Jessica Antonacci underwent breast augmentation surgery in September 2008, during which she was implanted with …


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