ROMANO v. MEDTRONIC, INC.


233 A.D.2d 258 (1996)

650 N.Y.S.2d 544

Nunzio Romano et al., Appellants, v. Medtronic, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 26, 1996


In light of the holding of the United States Supreme Court in Medtronic, Inc. v Lohr (518 US ___, 116 S.Ct. 2240), it is clear that plaintiffs' claims concerning the design and manufacture of a pacemaker lead, which are based in negligence, strict products liability and breach of warranty, are not preempted by Federal law merely because the device had undergone the premarket notification procedure required by the Food and Drug Administration. The judgment dismissing...

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