DESPAIN v. BRADBURN

No. 07-714.

282 S.W.3d 814 (2008)

Gary DESPAIN and Joy Despain, Appellants, v. James L. BRADBURN, M.D.; Soundtec, Inc., Appellees.

Supreme Court of Arkansas.

April 10, 2008.


Attorney(s) appearing for the Case

Hixson & Daniels, PLLC, by Kenneth S. Hixson, Fayetteville, AR, for appellants.

Wright, Lindsey & Jennings, LLP, by J. Andrew Vines and Gary D. Marts, Jr., Little Rock, AR, for appellee.

Brian G. Brooks, for amicus curiae, Arkansas Trial Lawyers Ass'n.


TOM GLAZE, Justice.

On February 7, 2008, this court handed down its opinion reversing the circuit court's grant of summary judgment to appellee Soundtec, Inc.; in that opinion, we held that the Medical Device Amendment (MDA) to the federal Food, Drug, and Cosmetic Act did not preempt a state-law tort claim filed against the manufacturer of a medical device. Less than two weeks later, on February 20, 2008, the United States Supreme Court decided the case of Riegel...

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