Legal Opinion
Martin v. Medtronic, Inc.
Court of Appeals for the Fifth Circuit
Decided June 18, 2001No. 99-41089, 99-41090PublishedCited by 99 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
In this consolidated appeal, 1 we address a question of federal preemption: whether, based on Medtronic’s compliance with the Food and Drug Administration’s (“FDA”) rigorous premarket approval procedure (“PMA”), the plaintiffs’ Texas common law products liability tort claims are preempted by 21 U.S.C. § 360k, the Medical Devices Amendments (“MDA”) to the Food, Drug, and Cosmetic Act (“FDCA”). We have addressed this issue before. In Stamps v. Collagen Corp., 984 F.2d 1416, 1422 (5th Cir.1993), we held that similar state product liability claims were preempted.…
2Cases cited13 opinions
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Buckman Co. v. Plaintiffs' Legal CommitteeSupreme Court of the United States · 2001
- Jennifer Stamps v. Collagen CorporationCourt of Appeals for the Fifth Circuit · 1993
- Elizabeth and Clifford Kemp v. Medtronic, Inc.Court of Appeals for the Sixth Circuit · 2000
8 more not listed; retrieve them via the Exa API.
3Cited by99 opinions
- United States v. RodriguezCourt of Appeals for the Fifth Circuit · 2010
- Gomez v. St. Jude Medical Daig Division Inc.Court of Appeals for the Fifth Circuit · 2006
- Riegel v. Medtronic, Inc.Court of Appeals for the Second Circuit · 2006
- Hughes v. Boston Scientific Corp.Court of Appeals for the Fifth Circuit · 2011
- Barbara E. Horn, of the Estate of Daniel Ray Horn, Deceased v. Thoratec CorporationCourt of Appeals for the Third Circuit · 2004
94 more not listed; retrieve them via the Exa API.