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McMULLEN v. MEDTRONIC, INC.

No. 04-3678.

421 F.3d 482 (2005)

Jack McMULLEN and Barbara McMullen, Plaintiffs-Appellants, v. MEDTRONIC, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 26, 2005.

Attorney(s) appearing for the Case

Steven A. Kurowski, Schererville, IN, John P. Healy (argued), Chicago, IL, for Plaintiffs-Appellants.

Michael K. Brown (argued), Lisa M. Baird, Reed Smith LLP, Los Angeles, CA, Kevin R. Knight, Ice Miller, Indianapolis, IN, for Defendant-Appellee.

Before FLAUM, Chief Judge, and POSNER and KANNE, Circuit Judges.

FLAUM, Chief Judge.

Plaintiffs-appellants Jack and Barbara McMullen filed suit against defendant-appellee Medtronic, Inc., alleging state-law claims arising out of the implantation of two of Medtronic's Activa Tremor Control Systems ("Activas") in Jack McMullen's brain. The district court granted summary judgment in favor of Medtronic on the ground that the McMullens' claims are preempted by federal requirements imposed by the Food and Drug Administration ("FDA")...

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