DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

001188P.pdf   12/11/2001  Carol Jean Brooks  v.  Howmedica, Inc.
   U.S. Court of Appeals Case No:  00-1188
   District of Minnesota   
   Civil case - Torts. District court did not err in granting defendant's 
   motion for summary judgment as plaintiff's claim that defendant had 
   failed to give adequate warnings concerning its Simplex bone cement 
   was preempted by Section 360k of the 1976 Medical Device Amendments 
   to the Food, Drug and Cosmetic Act; decision for the court en banc by 
   Judge Murphy; dissent in part by Judge Bye, joined by Judge Heaney.
  
001188P.pdf   01/10/2001  Carol Jean Brooks  v.  Howmedica, Inc.
   U.S. Court of Appeals Case No:  00-1188
   District of Minnesota   
   Civil case - Torts. Plaintiff's failure-to-warn claims were not 
   pre-empted by the Medical Device Amendments of 1976; state 
   law negligence claim was preempted as plaintiff failed to show 
   any violation of FDA labeling requirements; dissent by Judge 
   Murphy on failure-to-warn issue.