Legal Opinion
National Bank of Commerce ex rel. Estate of Wilson v. Kimberly-Clark Corp.
Court of Appeals for the Eighth Circuit
Decided October 25, 1994No. 93-3012PublishedCited by 1 opinion
1Opinion of the Court
HEANEY, Senior Circuit Judge.
Margaret Armón Wilson allegedly died as a result of toxic shock syndrome (TSS) caused by her use of tampons manufactured by Kimberly-Clark Corporation. The administrator of her estate, National Bank of Commerce of El Dorado, sued Kimberly-Clark for wrongful death, asserting that Kimberly-Clark failed to test, design, manufacture, and label its tampons adequately. Kimberly-Clark moved for summary judgment on the ground that all of these claims were preempted by the Medical Devices Amendments Act of 1976 (MDA), in which Congress delegated the regulation of medical…
2Cases cited47 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
- Jones v. Rath Packing Co.Supreme Court of the United States · 1977
- Silkwood v. Kerr-McGee Corp.Supreme Court of the United States · 1984
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3Cited by1 opinion
- prod.liab.rep. (Cch) P 14,061 National Bank of Commerce of El Dorado, as Administrator of the Estate of Margaret Armon Wilson, Deceased v. Kimberly-Clark CorporationCourt of Appeals for the Eighth Circuit · 1994