Legal Opinion
Chertkov v. TPLC, Inc.
District Court, N.D. Texas
Decided February 5, 1996No. 3:95-cv-02401Published
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
FITZWATER, District Judge.
Plaintiff Nelly Chertkov’s (“Chertkov’s”) motion to remand this case presents the question whether plaintiffs state-law claims concerning a J-shaped lead wire implanted as part of a pacemaker device are preempted by the Medical Device Amendments (“MDA”) to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301-392 (1988 & Supp.1996). Concluding that the claims are preempted, the court denies plaintiffs motion to remand.
I
Plaintiff brought suit in state court against defendants TPLC, Inc. d/b/a Telectronics Pacing Systems (“TPLC”) and…
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