LAMERE v. ST. JUDE MEDICAL, INC.

No. A12-0609.

827 N.W.2d 782 (2013)

Barbara A. LAMERE, Trustee for the heirs and next-of-kin of Sergeant Major Thomas C. Lamere, deceased, Appellant, v. ST. JUDE MEDICAL, INC., et al., Respondents.

Court of Appeals of Minnesota.

February 19, 2013.


Attorney(s) appearing for the Case

Anthony J. Nemo , Andrew L. Davick , Rachel Simpson , Ashleigh Raso , Meshbesher and Spence, Ltd., Minneapolis, MN; and Scott L. Nelson , Public Citizen Litigation Group, Washington, D.C., for appellant.

Edward F. Fox , Carrie L. Hund , Bassford & Remele, P.A., Minneapolis, MN, for respondents.

Considered and decided by STAUBER, Presiding Judge; SCHELLHAS, Judge; and COLLINS, Judge.


OPINION

STAUBER, Judge.

On appeal from summary judgment, appellant argues that the district court erred by concluding that appellant's manufacturing-defect claim was preempted by the Medical Device Amendments (MDA) of 1976 to the federal Food, Drug and Cosmetic Act. By notice of related appeal, respondent argues that the district court erred by concluding that appellant's claim is not time-barred under Minnesota's wrongful-death statute of limitations. Because...

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