Legal Opinion
Berger v. Medtronic, Inc.
New York Supreme Court
Decided January 19, 1995Published
1Opinion of the Court
OPINION OF THE COURT
John A. Milano, J.
In this action to recover damages for the alleged failure of a ventricular lead of a pacemaker defendant Medtronic, Inc. seeks an order granting partial summary judgment dismissing the complaint on the grounds of Federal preemption.
Plaintiff commenced the within action on June 18, 1993 by the service of a summons and complaint against Medtronic, Inc., the manufacturer of a pacemaker and leads. A pacemaker generator model No. 76026, along with a ventricular lead model No. 4004, and an atrial lead model No. 4016 were implanted into plaintiff in May 1989.…
2Cases cited19 opinions
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- Jones v. Rath Packing Co.Supreme Court of the United States · 1977
- Ellen Mendes v. Medtronic, Inc.Court of Appeals for the First Circuit · 1994
- Larsen v. Pacesetter Systems, Inc.Hawaii Supreme Court · 1992
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