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GREEN v. DOLSKY

546 Pa. 400 (1996)

685 A.2d 110

Irene M. GREEN and Martin Green, Appellants, v. Richard L. DOLSKY, M.D. and Collagen Corporation, Appellees.

Supreme Court of Pennsylvania.

Decided November 22, 1996.

Attorney(s) appearing for the Case

Lindley Cowperthwait, Norristown, PA, Michael M. Essymer, and Susan A. Allinger, Clinard J. Hanby, Houston, TX, for appellants.

Allison M. Zieve, Washington, DC, for Pub. Citizen.

Terry S. Hyman, Harrisburg, PA, for amicus curiae Trial Lawyers Ass'n.

Joe W. Redden, Houston, TX, Regina M. Foley, Washington, DC, Reeder R. Fox, Philadelphia, PA, for appellees.

Robert N. Weiner, Washington, DC, for Prod. Liability.

James M. Beck, Philadelphia, PA, for Medical Device Ass'n

Donald R. Stone, Washington, DC, for amicus curiae Medical Device Manf. Ass'n.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

FLAHERTY, Chief Justice.

The sole question presented in this case is whether section 360k(a) of the Medical Device Amendments (MDA) to the Food, Drug and Cosmetic Act (FDCA), 21 U.S.C. § 360k(a) (1988) preempts state causes of action sounding in tort.1

The relevant facts are that Irene Green allegedly developed an autoimmune...

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