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LOHR v. MEDTRONIC, INC.

No. 94-2516.

56 F.3d 1335 (1995)

Lora LOHR, Michael Lohr, Her Husband, Plaintiffs-Appellants, v. MEDTRONIC, INC., a Foreign Corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Suggestion for Rehearing Denied August 15, 1995.

Attorney(s) appearing for the Case

Daniel C. Shaughnessy, Cowles & Shaughnessy, P.A., Robert F. Spohrer, Spohrer, Wilner & Maxwell, P.A., Jacksonville, FL, Brian Wolfman, Public Citizen Litigation Group, Washington, DC, for appellants.

Dennis P. Waggoner, Hill, Ward & Henderson, P.A., Tampa, FL, Marcus R. Magnuson, Medtronic, Inc., Minneapolis, MN, Daniel G. Jarcho, McKenna & Cuneo, Washington, DC, for appellee.

Before BLACK and BARKETT, Circuit Judges, and RONEY, Senior Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied August 15, 1995.

BLACK, Circuit Judge:

In this case we must decide whether the Medical Device Amendments of 1976 (MDA or Act), 21 U.S.C.A. §§ 360c-360l (West Supp.1994) preempt Appellants' state law negligent design, negligent manufacture, failure to warn, and strict liability claims against the manufacturer of an allegedly defective pacemaker. The district court found that they did and...

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