Sherry Walker v. Medtronic, Incorporated

OPINION

DUNCAN, Circuit Judge:

Appellant Sherry Walker appeals from the district court’s holding that her common law tort claims against Medtronic, Inc. are preempted by the Medical Device Amendments of 1976 (“MDA”), as interpreted by Riegel v. Medtronic, Inc., 552 U.S. 312, 128 S.Ct. 999, 169 L.Ed.2d 892 (2008). Walker argues that, because the device in question allegedly failed to operate in accordance with the terms of its premarket approval, her claims parallel federal requirements and therefore should avoid preemption. In light of Walker’s concession that the device was designed,…