FENDER v. MEDTRONIC, INC.

Civ. No. S-94-307-DFL-JFM.

887 F.Supp. 1326 (1995)

Duane FENDER, Plaintiff, v. MEDTRONIC, INC., Defendant.

United States District Court, E.D. California.

April 27, 1995.


Attorney(s) appearing for the Case

Bryon Damiani, Jr., Matheny, Poidmore & Sears, Sacramento, CA, for plaintiff.

Janet L. Grove and Dean Fishman, O'Connor, Cohn, Dillon & Barr, San Francisco, CA, for defendant.


MEMORANDUM OF OPINION AND ORDER

LEVI, District Judge.

This case presents difficult questions as to the scope of preemption under the Medical Device Amendments ("MDA") to the Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 321-394. The devices particularly at issue — pacemaker leads — are Class III devices, the most sensitive classification, but were not required to go through the Food and Drug Administration's ("FDA") exacting premarket...

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