Ill. Federal Judge Declines to Dismiss Filshie Clip Action on Preemption Grounds
October 23, 2023
EAST ST. LOUIS, Ill. — An Illinois federal judge has refused to dismiss a Filshie Clip birth control device lawsuit on preemption grounds, ruling more discovery is needed to resolve the issue.
In a Sept. 25 order, Judge David W. Dugan of the U.S. District Court for the Southern District of Illinois said that “while Plaintiff positively addressed preemption in the Complaint and did not object to the Court’s consideration of that affirmative defense under Rule 12(b)(6), the Court finds Plaintiff did not plead out of court.”
Filshie Clips, which are Class III medical devices, are silicone-lined titanium medical devices …