Legal Opinion
Green v. Dolsky
Supreme Court of Pennsylvania
Decided November 22, 1996PublishedCited by 24 opinions
1Opinion of the Court
OPINION ANNOUNCING THE JUDGMENT OF THE COURT
FLAHERTY, Chief Justice.
The sole question presented in this case is whether section 360k(a) of the Medical Device Amendments (MDA) to the Food, Drug and Cosmetic Act (FDCA), 21 U.S.C. § 360k(a) (1988) preempts state causes of action sounding in tort.1
*406The relevant facts are that Irene Green allegedly developed an autoimmune disorder after receiving an injection of Zyderm Collagen Implant (Zyderm) from her physician, Dr. Richard Dolsky. Zyderm is manufactured by Collagen Corporation, and is a Class III medical device subject to regulation under the…
2Cases cited11 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Jane King v. Collagen CorporationCourt of Appeals for the First Circuit · 1993
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Riegel v. Medtronic, Inc.Court of Appeals for the Second Circuit · 2006
- Barbara MITCHELL and Gregory Mitchell, Plaintiffs-Appellants, v. COLLAGEN CORPORATION, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1997
- Worthy v. Collagen Corp.Texas Supreme Court · 1998
- Soufflas v. Zimmer, Inc.District Court, E.D. Pennsylvania · 2007
- Cellucci v. General Motors Corp.Supreme Court of Pennsylvania · 1998
19 more not listed; retrieve them via the Exa API.