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BLUNT v. MEDTRONIC, INC.

No. 2006AP1506.

738 N.W.2d 143 (2007)

2007 WI App 191

Joseph BLUNT, Sr. and Margaret Blunt, Plaintiffs-Appellants, State of Wisconsin Department of Health and Family Services, Subrogated-Plaintiff, v. MEDTRONIC, INC., Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed July 31, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs John C. Cabaniss and Rachel N. Schepp of von Briesen & Roper, S.C., of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the briefs of Robert H. Friebert of Friebert, Finerty & St. John, S.C. of Milwaukee; Thomas J. Arenz and Pamela M. Schmidt of Whyte Hirschboeck Dudek, S.C. of Milwaukee; Michael K. Brown, pro hac vice, and Lisa M. Baird, pro hac vice, of Reed Smith, LLP, of Los Angeles, CA; and Lori G. Cohen, pro hac vice, and Jay B. Bryan, pro hac vice, of Greenberg Traurig, LLP of Atlanta, GA.

Before WEDEMEYER, P.J., FINE and CURLEY, JJ.

¶ 1 WEDEMEYER, P.J.

Joseph Blunt, Sr. and Margaret Blunt appeal from an order dismissing their claim against Medtronic, Inc., following a summary judgment hearing. The Blunts argue that the trial court erred in granting summary judgment to Medtronic. Specifically, they contend that their negligence and product liability claims are not preempted by 21 U.S.C. § 360k(a) (2000)1 because...

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