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Horn v. Thoratec

Topic(s): Foods, Drugs, Medical Devices, and Dietary Supplements
Preemption of Consumer Remedies
Status: closed
Date Of Involvement: 05/01/2003
Docket: 3d Cir. No. 02-4597

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Ms. Horn's husband died after a heart pump implanted in his chest broke, and she sued the manufacturer of the heart pump. The manufacturer sought dismissal of the case, arguing that the Food, Drug, and Cosmetic Act expressly preempted state-law actions brought by patients who have been injured by medical devices that received premarket approval from the Food and Drug Administration. The Third Circuit sided with the manufacturer. The case then settled.