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WEBSTER v. PACESETTER, INC.

No. 01-00928 (ESH).

171 F.Supp.2d 1 (2001)

Arnold W. WEBSTER, et al., Plaintiffs, v. PACESETTER, INC. Defendant.

United States District Court, District of Columbia.

November 1, 2001.

Attorney(s) appearing for the Case

Herbert Vincent McKnight, Jr., Ashcraft & Gerel, Washington, DC, for Plaintiffs.

Paul Joseph Maloney, Carr Goodson, P.C., Washington, DC, Derek V. Lewis, Michael J. Weber, James A. Gale, Feldman, Gale & Weber, P.A., Miami, FL, for Defendant.

MEMORANDUM OPINION

HUVELLE, District Judge.

This case presents one question: does Section 360k of the Medical Device Amendments of 1976, 21 U.S.C. § 360c et. seq. ("MDA"), to the Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et. seq., as amended ("FDCA"), preempt plaintiffs' common-law claims? While the issue can be stated simply, its resolution is far from straightforward. Although the Supreme Court in Medtronic, Inc. v...

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