DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
092290P.pdf 10/15/2010 Anna Bryant v. Medtronic, Inc.
U.S. Court of Appeals Case No: 09-2290
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Loken, Author, with Melloy and Shepherd, Circuit Judges]
Civil case - products liability. In an action alleging the Sprint Fidelis
Leads used as part of defendant's implantable cardiac defibrillator were
defective, the district court did not err in dismissing the action on the
ground the claims were preempted by section 360k(a) of the Medical Devices
Amendment to the Federal Food, Drug and Cosmetic Act; plaintiffs' express
warranty claim would interfere with the FDA's regulation of Class III
medical devices and is conflict preempted; district court did not abuse its
discretion by denying plaintiffs' post-judgment motion to amend the
complaint; district court did not err in denying plaintiffs' untimely
motion to recuse. Judge Melloy, concurring in part and dissenting in part.