J&J’s Mentor Unit Sees Breast Implant Suit Reinstated on Appeal

A Florida woman alleging harm from a Mentor Worldwide LLC breast implant won reinstatement of her suit Wednesday, as the Eleventh Circuit said she stated non-preempted claims that the J&J unit’s product was defectively manufactured.

Lalitha Jacob received MemoryGel silicone implants in 2007. She had them removed 12 years later after developing lupus-like symptoms and discovered that one had ruptured.

Jacob, representing herself, alleged the leaking implant caused a systemic chemical toxicity in her body. The US District Court for the Middle District of Florida dismissed her suit, saying her manufacturing-defect claims were preempted and not viable under Florida law. ...