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HUGHES v. BOSTON SCIENTIFIC CORP.

No. 09-60925.

631 F.3d 762 (2011)

Jan HUGHES, Plaintiff-Appellant, v. BOSTON SCIENTIFIC CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 21, 2011.

Attorney(s) appearing for the Case

Scott Lawrence Nelson (argued), Allison M. Zieve , Pub. Cit. Lit. Group, Washington, DC, Donald James Blackwood, Jr. , Copeland, Cook, Taylor & Bush, P.A., Ridgeland, MS, for Hughes.

Wade Garrett Manor , Leah N. Ledford , James P. Streetman, III , Scott, Sullivan Streetman & Fox, P.C., Ridgeland, MS, Johnathan T. Krawcheck (argued), Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, GA, for Defendant-Appellee.

Before KING, GARWOOD and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

This appeal requires us to determine the extent to which Appellant Jan Hughes's state tort claims seeking recovery for injuries allegedly caused by a medical device manufactured by Appellee Boston Scientific Corporation ("Boston Scientific") are preempted by the Medical Device Amendments of 1976 ("MDA"), 21 U.S.C. § 301 et seq., to the Federal Food, Drug, and Cosmetics Act of 1938 ("FDCA"), 52 Stat. 1040. The district court...

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