Jessen

David Jessen appeals from the judgment entered after the trial court granted summary judgment in favor of Mentor Corporation in this product liability action. We affirm.

On October 10, 2003 Jessen had a cancerous testicle removed and replaced with a testicular prosthesis, a Class III medical device, designed, manufactured, labeled and sold by Mentor as the Mentor Saline-Filled Testicular Prosthesis. The prosthesis, which had been shipped unfilled, was not filled with saline solution prior to implantation as directed in the enclosed instructions. The prosthesis became deformed, causing Jessen pain, and ultimately had to be replaced.

On October 15, 2004 Jessen filed a form complaint against Mentor alleging causes of action for strict liability, negligence and breach of warranty. [1] The essence of Jessen's claims is that Mentor failed to include a warning on the outer packaging of the prosthesis that it must be filled prior to implantation. [2] On June 2, 2006 the trial court granted Mentor's motion for summary judgment on the ground Jessen's state law claims were preempted by federal law. [3]

Jessen contends there is a triable issue of fact whether the testicular…