Ohio Federal Filshie Clip Action Dismissed As Impliedly, Expressly Preempted
August 7, 2023
CLEVELAND — An Ohio federal judge has dismissed a fallopian tube clip action, ruling the claims are impliedly and expressly preempted because they constitute impermissible “fraud-on-the” FDA claims and seek to impose warnings and designs that are beyond those approved by the FDA.
In an Aug. 4 order, Judge James R. Knepp II of the U.S. District Court for the Northern District of Ohio further found a lack of personal jurisdiction over three of the four defendants because they did not specifically target Ohio in their marketing and distribution of the devices.
Filshie clips are silicone-lined titanium medical devices that …