Joseph BLUNT, Sr. and Margaret Blunt, Plaintiffs-Appellants-Petitioners,
State of Wisconsin Department of Health and Family Services, Subrogated-Plaintiff,
v.
MEDTRONIC, INC., Defendant-Respondent.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Argued October 7, 2008.
Decided February 17, 2009.
Attorney(s) appearing for the Case
For the plaintiffs-appellants-petitioners briefs were filed by John C. Cabaniss, Thomas Armstrong, and von Briesen & Roper, S.C., Milwaukee, and oral argument by John C. Cabaniss.
For the defendant-respondent there was a brief by Michael K. Brown, Lisa M. Baird, and Reed Smith LLP, Los Angeles, Cal., and Robert H. Friebert and Friebert, Finerty & St. John S.C., Milwaukee, and oral argument by Michael K. Brown.
An amicus curiae brief was filed by Stephanie A. Scharf, David W. Austin, and Schoeman, Updike, Kaufman & Scharf, Chicago, Ill., and Coleen D. Ball, Wauwatosa, on behalf of The Product Liability Advisory Council.
An amicus curiae brief was filed by Anne Berleman Kearney, Joseph D. Kearney, and Appellate Consulting Group, Milwaukee, on behalf of the Wisconsin Manufacturers & Commerce.
An amicus curiae brief was filed by William C. Gleisner, III and the Law Offices of William C. Gleisner, Milwaukee, and Rhonda L. Lanford and Habush Habush & Rottier S.C., Madison, on behalf of the Wisconsin Association for Justice, and oral argument by William C. Gleisner, III.
Supreme Court of Wisconsin.
¶ 1 PATIENCE DRAKE ROGGENSACK, J.
We review a decision of the court of appeals1 affirming the circuit court's decision2 granting summary judgment in favor of Medtronic, Inc. Both the circuit court and the court of appeals agreed that the express preemption provision of the 1976 Medical Device Amendments to the Federal Food, Drug and Cosmetic Act, specifically 21 U.S.C. § 360k(a) (2000),
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