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SCHOUEST v. MEDTRONIC, INC.

Civil Action No. 3:13-CV-203.

13 F.Supp.3d 692 (2014)

Susan SCHOUEST, Plaintiff, v. MEDTRONIC, INC., et al, Defendants.

United States District Court, S.D. Texas, Galveston Division.

Signed March 24, 2014.

Attorney(s) appearing for the Case

Jason Aron Itkin , Arnold Itkin LLP, Houston, TX, for Plaintiff.

Andrew Tauber , Mayer Brown LLP, Washington, DC, Daniel L. Ring , Mayer Brown LLP, Chicago, IL, Julie A. Hardin , Reed Smith LLP, Houston, TX, Michael K. Brown , Reed Smith LLP, Los Angeles, CA, for Defendants.

MEMORANDUM AND ORDER

GREGG COSTA, District Judge.

Plaintiffs seeking to bring state law claims against the manufacturer of a medical device that the Food and Drug Administration (FDA) has approved must navigate a narrow path between two federal preemption doctrines. If the claims rely on state law that imposes duties different from or in addition to federal requirements, express preemption bars the claims. See Riegel v. Medtronic, Inc., 552...

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