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SHEA v. OSCOR MEDICAL CORP.

No. 95 C 1219.

950 F.Supp. 246 (1996)

Robert SHEA, Plaintiff, v. OSCOR MEDICAL CORPORATION, Ventritex, Inc., a California Corporation, and Ventritex, Inc., a Delaware Corporation, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

December 18, 1996.

Attorney(s) appearing for the Case

Donald A. Shapiro, Attorney at Law, Chicago, IL, for plaintiff, Robert Shea.

William J. Cremer, John P. Lynch, Jr., Edmund J. Siergert, Cremer, Kopon, Shaughnessy & Spina, Chicago, IL, for defendant Oscor Medical Corp.

MEMORANDUM AND ORDER

MANNING, District Judge.

This matter comes before this court on motion of defendants, Oscor Medical Corporation (Oscor) and Ventritex, Inc. (Ventritex), for summary judgment, pursuant to Fed. R.Civ.P. 56 on plaintiff Robert Shea's state products liability claim. The gravamen of defendants' motion for summary judgment is their claim that plaintiff's state law claims are preempted by the Medical Device Amendments of 1976 (MDA), to the...

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