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MARTIN v. MEDTRONIC, INC.

Nos. 99-41089, 99-41090.

254 F.3d 573 (2001)

Billye Jeanne MARTIN, Plaintiff-Appellant, v. MEDTRONIC, INC., Defendant-Appellee. Libra Salazar, Plaintiff-Appellant, v. Medtronic, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 18, 2001.

Attorney(s) appearing for the Case

Kathryn F. Green, Kleberg Law Firm, Kathryn Smyth Snapka, Corpus Christi, TX, Brian C. Wolfman (argued), Public Citizen Litigation Group, Washington, DC, for Martin and Salazar.

Ruth Greenfield Malinas (argued), J. Michael Myers, Ball & Weed, San Antonio, TX, for Medtronic, Inc.

Before REYNALDO G. GARZA, JOLLY and HIGGINBOTHAM, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this consolidated appeal,1 we address a question of federal preemption: whether, based on Medtronic's compliance with the Food and Drug Administration's ("FDA") rigorous premarket approval procedure ("PMA"), the plaintiffs' Texas common law products liability tort claims are preempted by 21 U.S.C. § 360k, the Medical Devices Amendments ("MDA") to the Food...

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