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KING v. COLLAGEN CORP.

No. 92-1278.

983 F.2d 1130 (1993)

Jane KING, Plaintiff, Appellant, v. COLLAGEN CORPORATION, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 15, 1993.

Attorney(s) appearing for the Case

Clinard J. Hanby, with whom Susan A. Allinger, John O'Quinn, O'Quinn, Kerensky & McAninch, Michael M. Essmyer, Michael M. Essmyer & Associates, Houston, TX, Frank Lynch and LeComte, Emanuelson, Tick & Doyle, Boston, MA, were on brief, for appellant.

Bob Gibbins, Austin, TX, and Jeffrey R. White, Washington, DC, were on brief, for the Ass'n of Trial Lawyers of America, amicus curiae.

Joseph J. Leghorn, with whom Peter T. Wechsler, Warner & Stackpole, Joe W. Redden, Jr., W. Curtis Webb, and Beck, Redden & Secrest, Houston, TX, were on brief, for appellee.

Bruce N. Kuhlik, Lars Noah, Covington & Burling, Edwin H. Allen, and Retta M. Riordan, Washington, DC, were on brief, for Health Industry Mfrs. Ass'n, amicus curiae.

Before TORRUELLA, Circuit Judge, ALDRICH and CAMPBELL, Senior Circuit Judges.

TORRUELLA, Circuit Judge.

Jane King appeals from a grant of summary judgment entered in favor of Collagen Corporation ("Collagen") by the United States District Court for the District of Massachusetts. The district court determined that plaintiff's claims were preempted by the Medical Device Amendments of 1976 ("MDA"), 21 U.S.C. § 360c et seq. Because the district court correctly construed the preemption provision of the MDA, we affirm.

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