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CORNETT v. JOHNSON & JOHNSON

DOCKET NO. A-4694-08T1, A-5539-08T1.

998 A.2d 543 (2010)

414 N.J. Super. 365

Vonnie CORNETT, individually and on behalf of the estate of Billie Cornett, deceased, Plaintiffs-Appellants, v. JOHNSON & JOHNSON and Cordis Corp., Defendants-Respondents. Ernie Williamson and Alisha Williamson, Plaintiffs-Appellants, v. Johnson & Johnson and Cordis Corp., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 23, 2010.

Attorney(s) appearing for the Case

Bruce D. Greenberg and Peter E. Seidman (Milberg LLP) of the New York bar, admitted pro hac vice, argued the cause for appellants (Lite DePalma Greenberg LLC, Mr. Seidman, and Alastair Findeis (Milberg LLP) of the New York bar, admitted pro hac vice, attorneys; Mr. Seidman and Mr. Findeis, of counsel; Mr. Greenberg and Mayling C. Blanco, Newark, on the briefs).

Peter C. Harvey (Patterson Belknap Webb & Tyler, LLP) argued the cause for respondents.

Before Judges PARRILLO, LIHOTZ, and ASHRAFI.

The opinion of the court was delivered by PARRILLO, J.A.D.

At issue in these consolidated appeals is whether State causes of action in strict product liability, breach of express and implied warranty, and derivative claims for alleged defects in a medical device, the Cypher® Sirolimus-Eluting Coronary Stent (Cypher or device), manufactured by defendant Cordis Corporation (Cordis or defendant) are preempted by the Medical Device Amendments of 1976 (MDA), 21

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