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Torts Keyed to Duncan
Medtronic, Inc. v. Lohr
Citation:
518 U.S. 470 (1996)Facts
Lora Lohr (plaintiff) sued Medtronic, Inc. (defendant), the manufacturer of her pacemaker, after the device failed and she had to undergo emergency surgery. The plaintiff brought suit in Florida under theories of negligence and strict products liability. The defendant removed the lawsuit to federal district court and filed a motion for summary judgment on the grounds that the plaintiff’s claims were preempted by the Medical Device Amendment of 1976, specifically by the language of § 360(k). Under this statute, the pacemaker was a class three device that was put on the market through an expedited process.
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