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WALKER v. MEDTRONIC, INC.

No. 10-2219.

670 F.3d 569 (2012)

Sherry Ann WALKER, Individually and as Administratrix of the Estate of Arnold Leroy Walker, Jr., Plaintiff-Appellant, v. MEDTRONIC, INCORPORATED, a Minnesota corporation, Defendant-Appellee, and Medtronic USA, Incorporated, a Minnesota corporation, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: January 25, 2012.

Attorney(s) appearing for the Case

ARGUED: Christopher Brinkley , Masters Law Firm, LC, Charleston, West Virginia, for Appellant. Andrew E. Tauber , Mayer Brown, LLP, Washington, D.C., for Appellee. ON BRIEF: David M. Gossett , Brette L. Steele , Mayer Brown, LLP, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge DUNCAN wrote the majority opinion, in which Judge DIAZ joined. Judge WYNN wrote a dissenting opinion.

OPINION

DUNCAN, Circuit Judge:

Appellant Sherry Walker appeals from the district court's holding that her common law tort claims against Medtronic, Inc. are preempted by the Medical Device Amendments of 1976 ("MDA"), as interpreted by Riegel v. Medtronic, Inc., 552 U.S. 312, 128 S.Ct. 999, 169 L.Ed.2d 892 (2008). Walker argues that, because the device in question allegedly failed to operate in accordance with the...

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