California Court of Appeal

Summary judgment for defendants in a wrongful death action concerning a bileaflet mitral heart valve is affirmed over claim that the court erroneously concluded the Medical Device Amendments preempted the state common law causes of action, as a state law remedy for a manufacturing defect does not impose a state requirement different from, or in addition to a federal requirement relating to a device's safety or effectiveness.

Appellate Information

• Decided 01/11/2008
• Published 01/11/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Magaña, Cathcart & McCarthy, Brian R. Magãna and Anne M. Huarte, Los Angeles, for Plaintiffs and Appellants.


• For Appellees:
  
• Drinker, Biddle & Reath, Alan J. Lazarus, San Francisco, and Kathryn N. Forgie, for Defendants and Respondents.