Legal Opinion

Fiore v. Collagen Corp.

Court of Appeals of Arizona

Decided June 25, 1996No. 1 CA-CV 94-0375PublishedCited by 6 opinions

1Opinion of the Court

OPINION

TOCI, Judge.

Plaintiffs Arlene and Richard Fiore (“Fiore”) appeal from the summary judgment granted to Collagen Corporation (“Collagen Corporation”) in Fiore’s products liability action. Fiore sued Collagen Corporation for Arlene’s injuries after she received injections of Zyderm Collagen Implant (“Zyderm”), an anti-wrinkle substance manufactured and sold by Collagen Corporation.

The trial court found that a section of the Medical Device Amendments of 1976 (“MDA”) preempted Fiore’s claims for negligence, strict liability in tort, breach of express and implied warranty, and fraud. It also…

2Cases cited35 opinions

  1. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  2. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  3. Hillsborough County v. Automated Medical Laboratories, Inc.Supreme Court of the United States · 1985
  4. Silkwood v. Kerr-McGee Corp.Supreme Court of the United States · 1984
  5. Freightliner Corp. v. MyrickSupreme Court of the United States · 1995

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3Cited by6 opinions

  1. Lisa Stilwell v. Smith & Nephew, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 2007
  2. Worthy v. Collagen Corp.Texas Supreme Court · 1998
  3. Defenders of Wildlife v. HullCourt of Appeals of Arizona · 2001
  4. Conklin Et Ux v. Medtronic IncArizona Supreme Court · 2018
  5. Stilwell v. Smith & Nephew, Inc.Court of Appeals for the Ninth Circuit · 2007

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