J&J Unit Must Face Breast Implant Suit but Not in State Court

Johnson & Johnson unit Mentor Worldwide LLC failed to exit a woman’s breast implant suit, but may keep the suit in federal court.

Diane Graham alleged she suffered silicone leakage, placing her at risk for cancer and other diseases.

Mentor argued federal medical device law preempted Graham’s claims because she was in a clinical study approved by the Food and Drug Administration when she received the Mentor silicone-gel implants in 2000.

Unresolved fact questions regarding the status of the Mentor implants at issue, and whether Graham was part of a study, make dismissal inappropriate, the U.S. District Court for the ...