High Court Refuses to Review Preemption Ruling in Mentor Breast Implant Case

WASHINGTON, D.C. — The U.S. Supreme Court has refused to review a federal appellate court’s ruling that claims targeting Mentor Worldwide LLC’s MemoryGel silicone breast implants are preempted because the plaintiffs failed to specify what federal regulation the company violated in manufacturing the implants.

The high court denied plaintiffs’ petition for certiorari on Nov. 15.

Several women sued Mentor Worldwide LLC, NuSil LLC and NuSil Technology LLC in the Los Angeles County Superior Court, alleging they were injured after their Mentor MemoryGel Silicone Breast Implants ruptured. They asserted claims of negligence/negligence per se, failure to warn, and manufacturing defect.