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WORTHY v. COLLAGEN CORP.

No. 96-0675.

967 S.W.2d 360 (1998)

Tempie Fortson WORTHY, Petitioner, v. COLLAGEN CORPORATION, Respondent.

Supreme Court of Texas.

Decided February 13, 1998.

Attorney(s) appearing for the Case

Michael M. Essmyere, Houston, Clinard J. Hanby, The Woodlands, John M. O'Quin, Susan A. Allinger, Houston, for Petitioner.

Joe W. Redden, Houston, for Respondent.

HECHT, Justice.

The principal issue before us is whether the Medical Device Amendments of 1976 to the federal Food, Drug and Cosmetic Act preempt this action against a manufacturer brought under the Texas Deceptive Trade Practices—Consumer Protection Act for damages resulting from the injection of a collagen implant material that is a class III medical device under the Act and that has received premarketing approval from the federal Food and Drug Administration...

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