Legal Opinion
Fogal v. Steinfeld
New York Supreme Court
Decided October 24, 1994PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Stanley L. Sklar, J.
Defendant Medtronic, Inc. moves for permission to amend its answer to add Federal preemption as an affirmative defense to all of plaintiffs’ claims.1
PROCEDURAL HISTORY
This action arises out of the death of the infant Kristin Fogal, who was born with a complete heart block, due to a transplacental transfer of her mother’s SLE antibody, requiring the installation of a pacemaker at nine days of life. Kristin died of cardiorespiratory arrest on October 9, 1986. The autopsy report indicated that the cathode lead wires were splayed and showed a loss of…
2Cases cited38 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- Jones v. Rath Packing Co.Supreme Court of the United States · 1977
- Malone v. White Motor Corp.Supreme Court of the United States · 1978
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3Cited by3 opinions
- Blanco v. Baxter Healthcare Corp.California Court of Appeal · 2008
- Berger v. Medtronic, Inc.New York Supreme Court · 1995
- McNulty v. HijikataMassachusetts Superior Court · 1995