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.