Weiland v. Telectronics Pacing Systems, Inc.

Plaintiff Harold Weiland brought suit against defendant Telectronics Pacing Systems, Inc., alleging claims for breach of warranty and product liability regarding two pacemakers implanted into his body. The circuit court granted summary judgment to the defendant on the claims because it determined that those claims were preempted by the Medical Device Amendments of 1976 (MDA) (21 U.S.C.A. §§ 360c through 360k (West Supp. 1998)) to the Federal Food, Drug, and Cosmetic Act (FDCA) (21 U.S.C.A. § 301 et seq. (West Supp. 1998)). Plaintiff appealed.

For the reasons that follow, we affirm.

On July 26,…