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United States Seventh Circuit


McMullen v. Medtronic, 04-3678

Plaintiff's state-law claims arising out of the implantation of a medical device are preempted by federal requirements imposed by the Food and Drug Administration pursuant to the Medical Device Amendments to the Food and Drug Cosmetic Act.

Appellate Information

  • Argued 06/10/2005
  • Decided 08/26/2005
  • Published 08/26/2005

Judges

  • FLAUM, Chief Judge., Before FLAUM, Chief Judge, and POSNER and KANNE, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Steven A. Kurowski, Schererville, IN, John P. Healy (argued), Chicago, IL, for Plaintiffs-Appellants.

  • For Appellees:
  • Michael K. Brown (argued), Lisa M. Baird, Reed Smith LLP, Los Angeles, CA, Kevin R. Knight, Ice Miller, Indianapolis, IN, for Defendant-Appellee.
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