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MULLIN v. GUIDANT CORP.

No. 29829.

970 A.2d 733 (2009)

114 Conn.App. 279

Leslie MULLIN et al. v. GUIDANT CORPORATION.

Appellate Court of Connecticut.

Decided May 12, 2009.

Attorney(s) appearing for the Case

Harold J. Geragosian, New Britain, for the appellants (plaintiffs).

Andrew D. Carpenter, pro hac vice, Kansas City, MO, with whom were Frank H. Santoro, Hartford and Scott D. Kaiser, Kansas City, MO, and, on the brief, Calum B. Anderson and R. Cornelius Danaher, Jr., Hartford, for the appellee (defendant).

DiPENTIMA, GRUENDEL and SCHALLER, Js.

GRUENDEL, J.

The plaintiffs, Leslie Mullin and Vincent Mullin, appeal from the judgment of the trial court dismissing their product liability action. On appeal, the plaintiffs claim that the court improperly concluded that their two count complaint was preempted by the Medical Device Amendments of 1976, 21 U.S.C. § 360c et seq. (MDA). We agree with the court that the plaintiffs' action is preempted by federal law. The court, however, improperly concluded that...

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