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Webb v. Mentor Worldwide LLC

Action Over 'Defective' Breast Implants Dismissed as Preempted by FDCA, MDA

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION   On October 23, 2019, Plaintiff Genevieve T. Webb (“Plaintiff”) filed a complaint in the Supreme Court of Onondaga County against Defendant Mentor Worldwide LLC (“Mentor”) and Johnson & Johnson Services, Inc. (“Johnson & Johnson”) (collectively, “Defendants”). See Dkt. No. 2. Plaintiff alleges what the Court construes to be claims of negligence based on failure to warn and manufacturing defect, negligence per se, strict liability design and manufacturing defect, breach of implied warranty, and breach of express warranty. See id. On December 24, 2019, Defendants removed the action to the Northern District of New York pursuant to 28 U.S.C. §1332(a). Dkt. No. 1 at 1. On January 23, 2020, Defendants filed a motion to dismiss, which is currently before the Court. See Dkt. No. 10. II. BACKGROUND Plaintiff commenced this action in Onondaga County Supreme Court on October 23, 2019 against Defendants. See Dkt. No. 2 at

2-4. Plaintiff’s claims stem from breast augmentation surgery, whereupon Mentor Worldwide MemoryGel mammary prostheses (“MemoryGel Implants”) were implanted in Plaintiff’s body on October 24, 2016. See id. at

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