Mentor Worldwide Defeats Suit Alleging Defective Breast Implants

A suit alleging Mentor Worldwide LLC defectively manufactured gel breast implants was dismissed because federal laws preempt the plaintiff’s claims.

The US District Court for the Central District of California on March 15 dismissed the suit without prejudice because the Medical Device Amendment of the Federal Food Drug and Cosmetics Act preempts the plaintiff’s defective manufacturing allegations. The law expressly preempts such claims and prevents states from imposing requirements on top of federal regulations.

Debra Avrin brought the suit after she learned she had developed Breast Implant Associated Anaplastic Large Cell Lymphoma. She says it was caused by the gel ...