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MITARO v. MEDTRONIC, INC.

2009-04561.

73 A.D.3d 1142 (2010)

900 N.Y.S.2d 899

NORMA MITARO et al., Appellants, v. MEDTRONIC, INC., Also Known as MEDTRONIC, et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 25, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiffs' contentions, the causes of action alleging strict liability based on failure to warn and defective design, negligence, negligence per se, and breach of implied warranty are preempted by the Federal Drug Cosmetics Act, as amended by the Medical Device Act of 1976 (hereinafter the MDA) (see 21 USC § 360e). This...

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