SCOTUS Declines to Review Another Breast Implant Preemption Case

The U.S. Supreme Court Monday passed over another appeals court ruling that said federal medical device law preempts breast implant suits against Johnson & Johnson unit Mentor Worldwide LLC.

Brittany Billetts and others alleged that their MemoryGel silicone implants ruptured and caused numerous health problems. They alleged the implants were defectively manufactured and said Mentor failed to report complications as required by federal law.

In February, the U.S. Court of Appeals for the Ninth Circuit affirmed dismissal of Billetts’ suit, as well as three similar suits. It issued four nearly identical opinions saying the plaintiffs failed to adequately plead non-preempted ...