Legal Opinion
Barbara E. Horn, of the Estate of Daniel Ray Horn, Deceased v. Thoratec Corporation
Court of Appeals for the Third Circuit
Decided July 20, 2004No. 02-4597PublishedCited by 92 opinions
1Opinion of the Court
GARTH, Circuit Judge.
Barbara Horn (“Horn”) appeals from the District Court’s grant of summary judgment to Thoratec Corp. (hereinafter “TCI” 1), based on its determination that Horn’s claims against TCI are preempted by the express preemption provision in the Food Drug and Cosmetic Act (the “Act”), 21 U.S.C. § 360k(a).2 We affirm.
I
TCI manufactured and distributed the left ventricular assist device known as the HeartMate. The HeartMate is a pump that assists the blood flow between the heart’s ventricle and the aorta in patients with cardiac conditions. The inlet side tube is surgically attached…
2Cases cited31 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
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3Cited by92 opinions
- Reedy v. EvansonCourt of Appeals for the Third Circuit · 2010
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- Jackson v. DanbergCourt of Appeals for the Third Circuit · 2010
- United States v. DonovanCourt of Appeals for the Third Circuit · 2011
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