Duvall v. Bristol-Myers-Squibb Co.

OPINION

WILKINS, Circuit Judge:

These appeals require us to consider anew the effect of the express preemption provision contained in the Medical Device Amendments of 1976(MDA), Pub.L. No. 94-295, 90 Stat. 539, on Eugene Duvall’s state-law causes of action against Bristol-Myers-Squibb Company and its wholly owned subsidiary, Medical Engineering Corporation (collectively, “Bristol-Myers”). 1 See 21 U.S.C.A. § 360k(a) (West Supp.1996). In light of the recent decision of the Supreme Court in Medtronic, Inc. v. Lohr, — U.S. -, 116 S.Ct. 2240, 135 L.Ed.2d 700 (1996), we hold that § 360k(a) does not…