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WEILAND v. TELECTRONICS PACING SYSTEMS, INC.

No. 1-95-2736.

704 N.E.2d 854 (1998)

302 Ill. App.3d 175

235 Ill.Dec. 281

Harold WEILAND, Plaintiff-Appellant, v. TELECTRONICS PACING SYSTEMS, INC., Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

December 11, 1998.

Attorney(s) appearing for the Case

Carponelli & Krug, Chicago (Stephen P. Carponelli, Albert M.T. Finch, III, Gregory J. Chinlund, of counsel), for Plaintiff-Appellant.

McDermott, Will & Emery, Chicago, Paul E. Chronis, Michael J. Weber of Feldman, Gale & Weber, P.A., Miami, FL, of counsel, for Defendant-Appellant.

Justice GREIMAN delivered the opinion of the court:

Plaintiff Harold Weiland brought suit against defendant Telectronics Pacing Systems, Inc., alleging claims for breach of warranty and product liability regarding two pacemakers implanted into his body. The circuit court granted summary judgment to the defendant on the claims because it determined that those claims were preempted by the Medical Device Amendments of 1976(MDA) (21 U.S.C.A. §§ 360c through...

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