Ford v. Mentor Worldwide, L.L.C. et al

Filing 17

ORDER AND REASONS granting 4 Motion to Dismiss for Failure to State a Claim. Party Mentor Worldwide, L.L.C. dismissed with prejudice. Signed by Chief Judge Sarah S. Vance on 12/17/13. (jjs, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ANITA FORD

CIVIL ACTION

VERSUS

NO: 13-6317

MENTOR WORLDWIDE, LLC, SOUTH
FLORIDA PLASTIC SURGERY
ASSOCIATES, AND DR. DON R.
REVIS, JR.

SECTION: R

ORDER
Defendant Mentor Worldwide, LLC moves the Court to dismiss
plaintiff's claims against Mentor under Federal Rule of Civil
Procedure 12(b)(6).1 Defendant argues that plaintiff's claims are
preempted by federal law under Riegel v. Medtronic, 552 U.S. 312
(2008), because the claims challenge the safety or effectiveness
of a medical device that received premarket approval from the
FDA. Plaintiff does not oppose dismissal of her claims against
Mentor.2
Defendant is correct that plaintiff's claims against it are
preempted under Riegel. Accordingly, the Court GRANTS the motion
and dismisses plaintiff's claims against Mentor with prejudice.

New Orleans, Louisiana, this 17th day of December, 2013.
__
_________________________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE
1

R. Doc. 4.

2

R. Doc. 16.