Linda TALBOTT, etc., et al., Plaintiffs, Appellants,
v.
C.R. BARD, INC., et al., Defendants, Appellees.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard March 1, 1995.
Decided August 14, 1995.
Attorney(s) appearing for the Case
Jeffrey S. Beeler with whom Jeffrey A. Newman and Newman, Heineman & Itzkowitz, Boston, MA, were on brief, for appellants.
Francis C. Lynch with whom Daryl J. Lapp and Palmer & Dodge, Boston, MA, were on brief, for appellee C.R. Bard, Inc.
Robert D. Keefe with whom Hale and Dorr, Boston, MA, was on brief, for appellee David Prigmore.
William H. Kettlewell with whom Dwyer & Collora, Boston, MA, was on brief, for appellee John Cvinar.
Michael S. Raab, Atty., Civil Div., with whom Frank W. Hunger, Asst. Atty. Gen., Washington, DC, Donald K. Stern, U.S. Atty., Boston, MA, Douglas N. Letter, Appellate Litigation Counsel, U.S. Dept. of Justice, Washington, DC, and Margaret Jane Porter, Chief Counsel, and Beverly Rothstein, Atty., Food and Drug Admin., Rockville, MD, were on brief, for the U.S., amicus curiae.
Before STAHL, Circuit Judge, CAMPBELL, Senior Circuit Judge, and JOHN R. GIBSON, Senior Circuit Judge.
United States Court of Appeals, First Circuit.
LEVIN H. CAMPBELL, Senior Circuit Judge.
Section 360k(a) of the Medical Device Amendments ("MDA") to the Food, Drug and Cosmetic Act ("FDCA") provides:
[N]o State or political subdivision of a State may establish or continue in effect with respect to a device intended for human use any requirement —(1) which is different from, or in addition to, any requirement applicable under this chapter to the device, and(2) which relates...
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