SANDERS v. ADVANCED NEUROMODULATION SYSTEMS

No. 2009-CA-00594-SCT.

44 So.3d 960 (2010)

William SANDERS v. ADVANCED NEUROMODULATION SYSTEMS, INC.

Supreme Court of Mississippi.

September 30, 2010.


Attorney(s) appearing for the Case

D.L. Jones, Jr. , Jackson, attorney for appellant.

Leah Nichols Ledford , attorney for appellee.

Before WALLER, C.J., DICKINSON and CHANDLER, JJ.


CHANDLER, Justice, for the Court:

¶ 1. This case involves whether a trial court erred by granting summary judgment in favor of Advanced Neuromodulation Systems, Inc. (ANS) on the basis of federal preemption for a medical device regulated by the United States Food and Drug Administration (FDA). The case turns on whether a genuine issue of material fact exists as to classification of the device. A medical device designated as a class II device is subject to state...

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