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MENDES v. MEDTRONIC, INC.

No. 93-1911.

18 F.3d 13 (1994)

Ellen MENDES, Plaintiff, Appellant, v. MEDTRONIC, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 9, 1994.

Attorney(s) appearing for the Case

John P. LeGrand, with whom Thomas F. Walsh and John P. LeGrand & Associates, P.C., Boston, MA, were on brief for appellant.

Richard H. Bakalor, with whom Quirk & Bakalor, P.C., New York City, Michael W. Gallagher, Andrea Saunders Barisano, Donahue & Donahue, Lowell, MA, Dan Jarcho and McKenna & Cuneo, Washington, DC, were on brief for appellee.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and CYR, Circuit Judge.

BOWNES, Senior Circuit Judge.

In this products liability action against the manufacturer of an allegedly defective pacemaker, plaintiff-appellant, Ellen Mendes, appeals from an order granting summary judgment in favor of defendant-appellee, Medtronic, Inc. The district court entered summary judgment for Medtronic, ruling that the express preemption clause of the Medical Device Amendments (MDA) of the Federal Food, Drug, and Cosmetic Act (the Act), 21 U.S.C. §...

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