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STENGEL v. MEDTRONIC INC.

No. 10-17755.

704 F.3d 1224 (2013)

Richard STENGEL; Mary Lou Stengel, Plaintiffs-Appellants, v. MEDTRONIC INCORPORATED, a foreign corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 10, 2013.

Attorney(s) appearing for the Case

Thomas G. Cotter , Haralson Miller Pitt Feldman & McAnally, PLC, Tucson, AZ, for Appellants.

Michael Kevin Brown , Lisa Marie Baird , Reed Smith, LLP, Los Angeles, CA; Timothy James Casey , Schmitt, Schneck, Smyth & Herrod PC, Phoenix, AZ, for Appellee.

Elizabeth Jean Erwin , Office of the Washington Attorney General, Seattle, WA; Steve Bullock , Office of the Montana Attorney General, Helena, MT; Lawrence Garth Wasden , Office of the Idaho Attorney General, Boise, ID, Mary-Christine Sungaila , Snell & Wilmer LLP, Costa Mesa, CA; Kelly Harrison Dove , Snell & Wilmer LLP, Las Vegas, NV; Jessice E. Yates , Snell & Wilmer LLP, Denver, CO; Mary Massaron Ross , Plunkett Cooney, Bloomfield Hills, MI; Alan Jay Lazarus and Sally F. White , Drinker Biddle & Reath, LLP, San Francisco, CA; Hugh F. Young, Jr. , Product Liability Advisory Council, Inc., VA, for amici curiae.

Opinion by Judge W. FLETCHER; Concurrence by Judge WATFORD.

OPINION

W. FLETCHER, Circuit Judge:

Plaintiffs Richard and Mary Lou Stengel sued Medtronic under state law when a medical device manufactured by Medtronic rendered Richard permanently paraplegic. Medtronic moved to dismiss the Stengels' complaint, contending that the Medical Device Amendments ("MDA") to the Food, Drug, and Cosmetic Act ("FDCA") preempted their state-law claims. The Stengels moved to amend...

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