Legal Opinion
Kandis L. Papike v. Tambrands Inc.
Court of Appeals for the Ninth Circuit
Decided February 20, 1997No. 95-55173PublishedCited by 93 opinions
1Opinion of the Court
T.G. NELSON, Circuit Judge:
Kandis Papike appeals from the district court’s summary judgment dismissal of her diversity products liability action against Tambrands Inc. for injuries she sustained when she contracted Toxic Shock Syndrome (“TSS”) while using Tampax Original Regular tampons. The primary issue on appeal is whether Papike’s state law claim for failure to warn of the risk of TSS related to tampon use is preempted by the Medical Devices Amendments of 1976 (“MDA”), 90 Stat. 539 (codified as amended at 21 U.S.C. §§ 360, 360c-360i (Supp.1996)). We hold that the claim is preempted. We…
2Cases cited15 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Marks v. United StatesSupreme Court of the United States · 1977
- Marks v. United StatesSupreme Court of the United States · 1977
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3Cited by93 opinions
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- Martin v. Medtronic, Inc.Court of Appeals for the Fifth Circuit · 2001
- Barbara MITCHELL and Gregory Mitchell, Plaintiffs-Appellants, v. COLLAGEN CORPORATION, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1997
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