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CHERTKOV v. TPLC, INC.

Civil Action No. 3:95-CV-2401-D.

916 F.Supp. 608 (1996)

Nelly CHERTKOV, Plaintiff, v. TPLC, INC. d/b/a Telectronics Pacing Systems, et al., Defendants.

United States District Court, N.D. Texas, Dallas Division.

February 5, 1996.

Attorney(s) appearing for the Case

Phillip L. Brown of Law Offices of Windle Turley, P.C., Dallas, TX, for plaintiff.

James D. Ebanks of Giessel, Barker & Lyman, Houston, TX, and Charles P. Goodell, Jr., Richard M. Barnes and Andrew Gendron of Goodell, DeVries, Leech & Gray, LLP, Baltimore, MD, for defendant.

MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

Plaintiff Nelly Chertkov's ("Chertkov's") motion to remand this case presents the question whether plaintiff's state-law claims concerning a J-shaped lead wire implanted as part of a pacemaker device are preempted by the Medical Device Amendments ("MDA") to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301-392 (1988 & Supp.1996). Concluding that the claims are preempted...

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