Barbara E. Horn, of the Estate of Daniel Ray Horn, Deceased v. Thoratec Corporation

U.S. Court of Appeals, Third Circuit · Decided 2004-07-20

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GARTH, Circuit Judge. Barbara Horn (“Horn”) appeals from the District Court’s grant of summary judgment to Thoratec Corp. (hereinafter “TCI” 1 ), based on its determination that Horn’s claims against TCI are preempted by the express preemption provision in the Food Drug and Cosmetic Act (the “Act”), 21 U.S.C. § 360k(a). 2 We affirm. I. <p "b19…

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