U.S. Court of Appeals for the Eleventh Circuit, 1994

Duncan v. Iolab Corp.

U.S. Court of Appeals for the Eleventh Circuit · Decided January 24, 1994 · Black, Edmondson, Johnson

12 F.3d 194 (Federal Reporter, Third Series)

Counsel

Edward F. Gerace, Tampa, FL, for plaintiff-appellant., Adele Baker, Wright, Robinson, McCam-mon, Osthimer & Tatum, Richmond, VA, for Iolab Corp., John W. Bussey, III, Elizabeth C. Wheeler, Johnson & Bussey, Orlando, FL, for defendant-appellee., Bruce N. Kuhlik, Covington & Burling, Washington, DC, for amicus Health Industry in both cases., Brian Wolfman, Public Citizen Litigation Group, Washington, DC, for amicus Public Citizen., Retta M. Riordan, Health Industry Manufacturers Assoc., Washington, DC, for Health Industry., Lars Noah, Covington & Burling, Washington, DC, for amicus Health Industry in No. 2620.

Cases that cite this one

16 later published cases cite this decision. The 15 that cite it most often are listed here.

prod.liab.rep. (Cch) P 14,260 Lora Lohr, Michael Lohr, Her Husband v. Medtronic, Inc., a Foreign Corporation (11th Cir. 1995)
Lohr v. Medtronic, Inc. (11th Cir. 1995)
Goodlin v. Medtronic, Inc. (11th Cir. 1999)
Scott v. CIBA Vision Corp. (Cal. Ct. App. 1995)
Goodlin v. Medtronic, Inc. (11th Cir. 1999)
Fiore v. Collagen Corp. (Ariz. Ct. App. 1996)
prod.liab.rep. (Cch) P 14,368 Margaret Becker v. Optical Radiation Corporation (2d Cir. 1995)
Barbara Mitchell and Gregory Mitchell v. Collagen Corporation (7th Cir. 1995)
Dawson v. Howmedica, Inc. (District Court, E.D. Tennessee 1995)
Kus v. Sherman Hospital (Ill. App. Ct. 1995)
Chadwell v. Optical Radiation Corp. (District Court, S.D. Indiana 1995)
Talbott v. C.R. Bard, Inc. (1st Cir. 1995)
Anguiano v. E.I. Du Pont de Nemours & Co. (9th Cir. 1995)
Shirley Duncan, William F. Duncan v. Iolab Corporation, Bessie Rogers v. Optical Radiation Corp. (11th Cir. 1994)
Burnett v. Pfizer, Inc. (District Court, E.D. Kentucky 1994)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM:

In this consolidated products liability action, plaintiffs appeal separate district court orders granting the defendants summary judgment. Plaintiffs both received intraocu-lar lenses in the course of treatment for their cataracts. They filed suit against defendants, manufacturers of the lenses, after plaintiffs suffered injuries allegedly caused by the lenses. The issue is whether section 360k(a) of the Medical Device Amendments of 1976 to the Food, Drug and Cosmetic Act of 1938, 21 U.S.C. §§ 301 et seq., preempts plaintiffs’ state law claims for negligence, strict liability in tort, and breach of implied warranty. We follow the Seventh Circuit and conclude that it does. See Slater v. Optical Radiation Corp., 961 F.2d 1330 (7th Cir.), cert. denied, — U.S.-, 113 S.Ct. 327, 121 L.Ed.2d 246 (1992).

The judgments of the district courts are AFFIRMED.

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