Walker v. Johnson & Johnson Vision Products, Inc

Murphy, PJ.

Plaintiff filed suit against Johnson & Johnson Vision Products, Inc.,* 1 when she suffered permanent injury to her right eye after using contact lenses manufactured by defendant. The trial court found that plaintiffs claims against defendant were preempted by the Medical Device Amendments of 1976 (mda), 21 USC 360c et seq., to the Federal Food, Drug, and Cosmetic Act, 21 USC 301 et seq., and granted defendant’s motion for summary disposition pursuant to MCR 2.116(C)(4) (the court lacks subject-matter jurisdiction). Plaintiff appeals. We reverse and remand for trial.

*708Plaintiff…