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MARTIN v. AMERICAN MEDICAL SYSTEMS, INC.

Civil Action No. 2:96cv95.

923 F.Supp. 89 (1996)

John M. MARTIN, Sr., Plaintiff, v. AMERICAN MEDICAL SYSTEMS, INC., Defendant.

United States District Court, E.D. Virginia, Norfolk Division.

April 24, 1996.

Attorney(s) appearing for the Case

Mark David Brynteson, Davis, Irwin & Brynteson, Chesapeake, VA, Philip J. Geib, Bennett and Zydron, Virginia Beach, VA, David M. Deutsch, Brannon & Deutsch, Dayton, OH, for John M. Martin, Sr.

Barbara Ann Williams, Wright, Robinson, McCammon, Osthimer, & Tatum, Richmond, VA, Edward Fenwick Rockwell, Wright, Robinson, McCammon, Osthimer & Tatum, Richmond, VA, Joseph P. Callahan, Wright, Robinson, McCammon, Osthimer & Tatum, Richmond, VA, for American Medical Systems, Inc.

MEMORANDUM OPINION AND ORDER

JACKSON, District Judge.

INTRODUCTION

This matter comes before the Court on Defendant's motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Defendant, American Medical Systems, Inc. ("AMS") argues that all of Plaintiff's claims are barred by the Medical Device Amendments of 1976 ("MDA") of the Federal Food, Drug, and Cosmetic Act...

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