Barbara E. HORN, Executrix of the Estate of Daniel Ray Horn, Deceased, Appellant
v.
THORATEC CORPORATION.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued on December 11, 2003.
Filed July 20, 2004.
Attorney(s) appearing for the Case
Allison Zeive (Argued), Public Citizen Litigation Group, Washington, John M. Humphrey, Rieders, Travis, Mussina, Humphrey, Harris, Waters & Waffenschmidt, Williamsport, for Appellant Barbara E. Horn.
Gary A. Winters, Mayer, Brown, Rowe & Maw, Washington, Alan E. Untereiner (Argued), Robbins, Russell, Englert, Orseck & Untereiner LLP, Washington, Charles W. Rubendall, II, Keefer, Wood, Allen & Rahal, Harrisburg, Arnd N. von Waldow, Reed Smith, Pittsburgh, for Appellee Thoratec Corporation.
Douglas Letter, Appellate Litigation Counsel, Peter R. Maier, Attorney, Civil Division, Department of Justice, Washington, for Amicus Curiae United States of America.
Robert N. Weiner, Arnold & Porter, Washington, for Amicus Curiae Product Liability Advisory Council, Inc.
Daniel G. Jarcho, McKenna Long & Aldridge LLP, Washington, for Amicus Curiae Chamber of Commerce of the United States of America.
Before AMBRO, FUENTES, and GARTH, Circuit Judges.
United States Court of Appeals, Third Circuit.
GARTH, Circuit Judge.
Barbara Horn ("Horn") appeals from the District Court's grant of summary judgment to Thoratec Corp. (hereinafter "TCI"1), based on its determination that Horn's claims against TCI are preempted by the express preemption provision in the Food Drug and Cosmetic Act (the "Act"), 21 U.S.C. § 360k(a).2 We affirm.
I.
TCI manufactured and distributed the left ventricular...
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