Frank v. United States Food & Drugs Administration

AMENDED ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS (document no. 5)

STEPHEN J. MURPHY, III, District Judge.

This is a case wherein plaintiffs James Frank, Theresa Frank, and Michael Frank seek review of a decision of the United States Food and Drug Administration (“FDA”) pursuant to the Administrative Procedure Act (“APA”), 5 U.S.C. § 704. The action is actually the by-product of a tort case that the Franks brought in Michigan state court against Alert Medical, Inc. (“AMI”), Service Center (“SC”), and Western Enterprises, seeking recovery for injuries that Michael Frank allegedly suffered…