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REEVES v. ACROMED CORP.

No. 93-3752.

44 F.3d 300 (1995)

Dorothy Marie REEVES, Plaintiff-Appellee, v. ACROMED CORPORATION, et al., Defendants, Acromed Corporation, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 10, 1995.

Attorney(s) appearing for the Case

Mark Herrmann, Richard I. Werder, Jr., Jones, Day, Reavis & Pogue, Cleveland, OH, B. Frank Davis, Howard B. Kaplan, Robert A. Knight, Bernard, Cassisa & Elliott, Metairie, LA, for Acromed Corp.

Marshall G. Weaver, Arthur S. Patron, Jr., Henican, James & Cleveland, New Orleans, LA, for St. Paul Fire.

Richard A. Samp, Washington, DC, for amicus curiae Wash. Legal Foundation.

Darryl J. Tschirn, La Jolla, CA, John J. Cummings, III, Frank C. Dudenhefer, Jr., Cummings, Cummings & Dudenhefer, New Orleans, LA, for appellee.

Before JOHNSON, HIGGINBOTHAM and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

This appeal arises from a products liability action filed by the appellee, Dorothy Marie Reeves ("Reeves"), alleging that a metal bone implant manufactured and marketed by the appellant, AcroMed Corporation ("AcroMed") exacerbated injuries in her back. The central issue presented on appeal is whether the Medical Device Amendments (the "MDAs") to the Food, Drug, and Cosmetic Act, 21 U.S.C. &...

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