Mentor Breast Implant Claims Preempted, Calif. Federal Judge Rules

  • Order

A California federal judge has dismissed a lawsuit in which a woman alleged that her Mentor silicone breast implants caused her to develop lymphoma, ruling that the claims are preempted because they seek to impose requirements that are “different from, or in addition to” those imposed under state law.

In a March 15 order, Judge Cormac Carney of the U.S. District Court for the Central District of California added that plaintiffs cannot escape preemption by alleging that the implants were “adulterated,” noting that their claims still challenge the Food and Drug Administration’s device approval process.

Colorado resident Debra Avrin was …


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