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CAPLINGER v. MEDTRONIC, INC.

No. 13-6061.

784 F.3d 1335 (2015)

Patricia CAPLINGER, Plaintiff-Appellant, v. MEDTRONIC, INC., a Minnesota corporation; Medtronic Sofamor Danek USA, Inc., a Tennessee corporation, Defendants-Appellees. The Product Liability Advisory Council, Inc., Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

April 21, 2015.

Attorney(s) appearing for the Case

Allison M. Zieve of Public Citizen Litigation Group, Washington, D.C. ( Scott L. Nelson of Public Citizen Litigation Group, Washington, D.C., and James W. Dobbs of Rhodes Dobbs & Stewart, PLLC, Edmond, OK, with her on the briefs), for Plaintiff-Appellant.

Andrew E. Tauber of Mayer Brown LLP, Washington, D.C. ( Daniel L. Ring of Mayer Brown LLP, Washington, D.C. and Scott M. Noveck, formerly of Mayer Brown LLP, Washington, D.C., and Michael K. Brown,   James C. Martin, and Lisa M. Baird of Reed Smith LLP, Los Angeles, CA, with him on the brief), for Defendants-Appellees.

Alan Untereiner and Donald Burke of Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, Washington, D.C., and Hugh F. Young, Jr., of the Product Liability Advisory Council, Inc., Reston, VA, on the brief for amicus curiae Product Liability Advisory Council, Inc., in support of Defendants-Appellees.

Before LUCERO, HARTZ, and GORSUCH, Circuit Judges.

Some medical devices are so risky they can't be sold without the federal government's prior approval. While even relatively simple things like bandages face some degree of federal oversight, manufacturers of pacemakers, heart valves, and the like must prove the "safety and effectiveness" of their devices to the FDA's satisfaction...

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