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Physician suit against breast implant firms can go forward -- New York judge.

This article was originally published in The Gray Sheet

Executive Summary

BREAST IMPLANT FIRM'S FAILURE TO WARN PHYSICIANS OF PRODUCT RISKS could be construed as a violation of the 1976 medical device amendments (MDA), thereby possibly making manufacturers liable for negligence per se under New York State law, Judge John Leone of the Supreme Court of the State of New York, County of Richmond, ruled Sept. 28. The ruling denies a motion for dismissal filed by defendants Dow Corning, Bristol-Myers Squibb, and BMS subsidiaries Surgitek and Medical Engineering Corp. in a suit brought against the firms by New York City plastic surgeon Robert Vitolo, MD.
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