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HEYMACH v. CARDIAC PACEMAKERS

183 Misc.2d 584 (1999)

698 N.Y.S.2d 837

PAUL HEYMACH, Plaintiff, v. CARDIAC PACEMAKERS, INC., Defendant.

Supreme Court, Suffolk County.

October 26, 1999.

Attorney(s) appearing for the Case

McCarter & English, New York City, for defendant.

Edward J. Sanocki, Jr., New York City, for plaintiff.

OPINION OF THE COURT

RICHARD M. KLEIN, J.

The issue before the court is whether plaintiff's State law tort claims are preempted by Federal law.

In 1976, Congress enacted the Medical Device Amendments to, in the words of the statute's preamble, "provide for the safety and effectiveness of medical devices intended for human use." (Pub L 94-295, 90 US Stat 539 [MDA].)

The case at bar presents the...

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