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BAKER v. ST. JUDE MEDICAL, S.C., INC.

No. 01-02-00802-CV.

178 S.W.3d 127 (2005)

Keith BAKER, Individually, and Ian Baker, Individually and as Independent Executor of the Estate of Jean Baker, Deceased, Appellants, v. ST. JUDE MEDICAL, S.C., INC. and St. Jude Medical, Inc., Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

June 30, 2005.

Attorney(s) appearing for the Case

James V. Pianelli, McGehee & Pianelli, L.L.P., Timothy D. Riley, Riley Law Firm, Houston, TX, for Appellants.

David M. Gunn, Joe W. Redden, Jr., Beck, Redden & Secrest, L.L.P., Houston, TX, for Appellees.

Panel consists of Chief Justice RADACK and Justices JENNINGS and HIGLEY.

OPINION

SHERRY RADACK, Chief Justice.

This appeal involves the issue of federal preemption of state law causes of action arising out of the implantation of an allegedly defective heart valve in the deceased, Jean Baker. Specifically, we must decide whether state common-law causes of action asserted by Baker's heirs against the valve manufacturer are preempted by the manufacturer's compliance with the Food and Drug Administration's premarket approval procedures...

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