Warning Claims Proceed in N.Y. Federal Ulthera System Injury Action

NEW YORK — A New York federal judge has allowed failure-to-warn claims to proceed a lawsuit in which a woman alleges she was injured by a non-invasive facelift device, ruling they are not preempted because state law requires manufacturers to provide the FDA with warnings required by federal law and to notify the public of adverse events.

However, in the March 31 order, Judge Hector Gonzalez of the U.S. District Court for the Eastern District of New York dismissed the claims to the extent they are based upon manufacturing defects and off-label marketing, ruling they are insufficiently pled and preempted, …