Weiland v. Telectronics Pacing System, Inc.

The issue in this case is whether section 360k of the Medical Device Amendments of 1976 (MDA) (21 U.S.C. § 360k (1994)) to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq. (1994)) preempts plaintiffs state common law claims for breach of warranty and defective design and construction against Telectronics Pacing Systems, Inc. (TPSI), the distributor of two allegedly defective pacemakers. The circuit court of Cook County held that section 360k preempts plaintiffs claims and granted summary judgment in favor of TPSI. The appellate court affirmed. 302 Ill. App. 3d 175. We…