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JACOB v. MENTOR WORLDWIDE, LLC

No. 20-10132.

40 F.4th 1329 (2022)

Lalitha E. JACOB, MD, Plaintiff-Appellant, v. MENTOR WORLDWIDE, LLC, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Filed July 20, 2022.

Attorney(s) appearing for the Case

Thomas A. Burns , Shannon C. Reese , Counsel, Burns, PA, Tampa, FL, for Plaintiff-Appellant.

Dustin Bradley Rawlin , Nelson Mullins Riley & Scarborough, Cleveland, OH, Caycee Hampton , Joseph H. Lang, Jr. , David J. Walz , Carlton Fields, PA, Tampa, FL, Jeffrey Charles Sindelar, Jr. , Tucker Ellis, LLP, Cleveland, OH, for Defendant-Appellee.

Before Lagoa, Brasher, and Tjoflat, Circuit Judges.

The question in this appeal is whether a federal medical-device statute preempts state-law manufacturing defect claims. Lalitha Jacob received MemoryGel Silicone Gel Breast Implants made by Mentor Worldwide, LLC. After one of her implants ruptured, she sued Mentor pro se, alleging negligence and negligence per se,...

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