Horn v. Thoratec
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.