Shea v. Oscor Medical Corp.

MEMORANDUM AND ORDER

MANNING, District Judge.

This matter comes before this court on motion of defendants, Oscor Medical Corporation (Oscor) and Ventritex, Inc. (Ventritex), for summary judgment, pursuant to Fed. R.Civ.P. 56 on plaintiff Robert Shea’s state products liability claim. The gravamen of defendants’ motion for summary judgment is their claim that plaintiffs state law claims are preempted by the Medical Device Amendments of 1976 (MDA), to the Federal Food, Drug, and Cosmetic Act, 21 U.S.CA § 360c~360L As discussed in greater detail below, this court denies defendants’ motion for…