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Filshie clips are silicone-lined titanium medical devices that are surgically placed on women’s Fallopian tubes as a method of permanent contraception. They were approved by the FDA in 1996 as permanent contraception in women.
On January 17, 2023, the US District Court for the Northern District of Georgia issued a decision that constitutes a significant victory for women who have been affected by the “Filshie Clip” [1] contraceptive implant. The judgment issued by the Honorable Judge Leigh Martin May is the first of its kind in cases filed across the country and effectively ends the Defendants’ plea for Federal Preemption. Defendant medical device firms have tried to evade accountability for the damage caused by their Filshie Clip product since the beginning of theaction by claiming that the matter is “federally preempted.” Defendants have essentially argued that they should be granted federal immunity and that existing charges should be dismissed. Nevertheless, in her January 17, 2023, order, Judge May dismissed these objections, concluding that the Plaintiffs’ claims are not federally preempted and that permitting the actions to advance will not disturb the FDA’s regulatory framework. [2]
Michael Brady Lynch Firm
Here at the Michael Brady Lynch firm, we handle strict product liability cases. If you or a loved one has been injured by Filshie Clip, please give us a call at 888-585-5970.
Date: Feb 20, 2023
Author: Brandon Salter
[1] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3015424/
[2] https://www.griffinpurnell.com/wp-content/uploads/2023/01/2023-01-17-Order-on-Defs-MTD.pdf
