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WEILAND v. TELECTRONICS PACING SYSTEMS

No. 86903.

721 N.E.2d 1149 (1999)

188 Ill.2d 415

242 Ill.Dec. 618

Harold WEILAND, Appellant, v. TELECTRONICS PACING SYSTEMS, INC., Appellee.

Supreme Court of Illinois.

December 2, 1999.

Attorney(s) appearing for the Case

Stephen P. Carponelli, Carponelli & Krug, P.C., Chicago, Brian Wolfman, Allison M. Zieve, Public Citizen Litigation Group, Washington, DC, Gregory J. Chinlund, Carponelli & Krug, Chicago, for Harold Weiland.

Michael J. Weber, Feldman Gale & Weber, Miami, FL, Paul E. Chronis, McDermott, Will & Emery, Chicago, for Telectronics Pacing Systems, Inc.

Sean C. Burke, John G. Phillips & Associates, Chicago, for Amicus Curiae Illinois Trial Lawyers Association.

Justice HEIPLE delivered the opinion of the court:

The issue in this case is whether section 360k of the Medical Device Amendments of 1976 (MDA) (21 U.S.C. § 360k (1994)) to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq. (1994)) preempts plaintiff's state common law claims for breach of warranty and defective design and construction against Telectronics Pacing Systems, Inc. (TPSI), the distributor of two allegedly defective pacemakers...

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