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HORN v. THERMO CARDIOSYSTEMS, INC.

No. 4:CV-00-779.

229 F.Supp.2d 381 (2002)

Barbara E. HORN, Executrix of the Estate of Daniel Ray Horn, Deceased, Plaintiff v. THERMO CARDIOSYSTEMS, INC., Defendant

United States District Court, M.D. Pennsylvania.

November 7, 2002.

Attorney(s) appearing for the Case

John M. Humphrey, Reiders, Travis, Humphrey, Harris, Waters & Waffenschmidt, Williamsport, PA, for Plaintiff.

Charles W. Rubendall, II, Keefer, Wood, Allen and Rahal, Harrisburg, PA, Alan E. Untereiner, Robbins, Russell, Englert, Orseck & Untereiner LLP, Washington, DC, Gary A. Winters, Mayer, Brown & Maw, Washington, DC, for Defendant.

MEMORANDUM

MCCLURE, District Judge.

BACKGROUND:

The issue in this case is whether the Medical Device Amendments to the Food, Drug, and Cosmetic Act (the MDA) preempts a plaintiff's common law tort claims.

Barbara E. Horn, as Executrix of the estate of her late husband, Daniel Ray Horn (Horn), is suing Thermo Cardiosystems, Inc. (TCI) for negligence, strict liability, and breach of warranty. The lawsuit focuses on the condition...

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