Most of the claims brought by a man whose penile implant broke two years after it was put in were preempted by U.S. law governing medical devices, a federal judge has ruled, dismissing those claims with prejudice.
U.S. District Judge Mary A. McLaughlin of the Eastern District of Pennsylvania granted the motions to dismiss filed by Coloplast, the maker of the device, on the negligence, strict liability, and breach of implied warranty claims with prejudice. She dismissed the claims of breach of express warranty and breach of contract claims without prejudice.
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