Cases & Deals

Mentor wins dismissal of all claims brought by physician

Clients Mentor Corporation

The Second Circuit Court of Appeals affirmed summary judgment for Jones Day's client, Mentor Corporation, in a case brought by a physician seeking several million dollars for the removal and replacement of allegedly defective breast implants manufactured and sold by Mentor. The physician claimed that the failure of a large number of implants in his patients not only caused direct out-of-pocket expenses for removal and replacement surgeries, but also that these surgical results caused harm to the reputation of his practice. The physician asserted fraud, breach of contract, tort and N.Y. Gen. Bus. Law Section 349 claims. Applying New York law, the District Court dismissed each of the claims on summary judgment.

Vitolo v. Mentor, 426 F. Supp. 2d 28 (E.D.N.Y. 2006), aff'd, 213 Fed. Appx. 16 (2d Cir. 2007), cert. denied, 76 U.S.L.W. 3156 (October 1, 2007)

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