Failure-To-Warn Claim Proceeds in Ohio Federal Filshie Clip Action

COLUMBUS, Ohio — An Ohio federal judge has allowed a failure-to-warn claim to proceed against the makers of long-term birth control device Filshie Clips, ruling the claim is not preempted by the Food, Drug and Cosmetic Act because the plaintiff alleged violation of an Ohio state law that parallels federal regulations.

However, the judge dismissed the claims for design and manufacturing defect, ruling they are impliedly preempted because they impermissibly seek to hold defendants liable for misrepresentations made to the Food and Drug Administration.

Amy Arnold underwent a tubal ligation procedure in 2003 using Filshie Clips — silicone-lined titanium medical …