United States Fourth Circuit

Reset A A Font size: Print

Walker v. Medtronic Inc., 10-2219

In a suit alleging common-law tort claims arising out of the alleged failure of a medical device to operate in accordance with the terms of its premarket approval, the district court's grant of the defendant's motion for summary judgment is affirmed, where the device was undisputedly designed, manufactured, and distributed in compliance with its FDA premarket approval, and the plaintiff's common-law claims exceeded or differed from, rather than paralleled, federal requirements, so that each of her specific claims for negligence, strict liability, and breach of warranty was preempted by the federal Medical Device Amendments of 1976 to the Food, Drug, and Cosmetic Act.

Appellate Information

  • Decided 01/25/2012
  • Published 01/25/2012

Judges

  • Duncan

Court

  • United States Fourth Circuit

Counsel

  • For Appellant:
  • Christopher Brinkley, Andrew E. Tauber