Carol Jean BROOKS, Plaintiff-Appellant;
St. Luke's Hospital, Intervenor Below,
v.
HOWMEDICA, INC., a Delaware Corporation, Division of Pfizer Hospital Products Group, Inc.; Pfizer, Inc.; Howmedica International, Ltd., Defendants-Appellees.
Product Liability Advisory Council, Inc., Amicus on Behalf of Appellees.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted: July 10, 2001.
Filed: December 11, 2001.
Attorney(s) appearing for the Case
Adam Samaha, Minneapolis, MN, argued (Gary L. Wilson and Randall Tietjen, Minneapolis, MN, Paul A. Strandness and Thomas F. Handorff, Wayzata, MN, on the brief), for appellant.
Cooper S. Ashley, Minneapolis, MN, argued (Laurie A. Kindel, on the brief), for appellee.
Hugh F. Young, Jr., Reston, VA, Kenneth S. Geller and Sharon Swingle, Washington, D.C., appearing on the brief, for Amicus Curiae Product Liability Advisory Council, Inc.
Steven M. Kohn, James C. Martin and Lisa M. Baird, Los Angeles, CA, William R. Stoeri and Michael J. Wahoske, Minneapolis, MN, appearing on the brief, for Amicus Curiae St. Jude Medical, Inc.
Before WOLLMAN, Chief Judge, HEANEY, McMILLIAN, BOWMAN, LOKEN, HANSEN, MORRIS SHEPPARD ARNOLD, MURPHY, and BYE, Circuit Judges.
United States Court of Appeals, Eighth Circuit.
MURPHY, Circuit Judge.
Carol Jean Brooks brought this action against the manufacturer of Simplex bone cement claiming damages for injury resulting from its failure to give adequate warnings about product dangers. The case was dismissed on summary judgment after the district court1 concluded that her claim was preempted by federal law, § 360k of the 1976 Medical Device Amendments (MDA) to...
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