Lap-Band Training Claim Is Preempted by Federal Law, California Appeals Court Says
(May 2, 2016, 10:53 AM EDT) -- SAN FRANCISCO — A California appeals court panel on April 29 affirmed a demurrer in a Lap-Band injury case, agreeing with the trial court that the plaintiff’s claims that defendant Allergan Inc. improperly trained her surgeon are preempted by federal law (Ashley Glennen v. Allergan, Inc., No. A145367, Calif. App., 1st Dist., Div. 1; 2016 U.S. Dist. LEXIS 347).
(Opinion available. Document #28-160505-009Z.)
In 2003, Ashley Glennen was implanted with a Lap-Band device to aid in weight loss. The device eventually eroded into her stomach and...