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eBook details

• Title: Reeves v. Acromed Corp.
• Author : United States Court of Appeals for the Fifth Circuit
• Release Date : January 10, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

W. EUGENE DAVIS, Circuit Judge: This appeal arises from a products liability action filed by the appellee, Dorothy Marie Reeves (""Reeves""), alleging that a metal bone implant manufactured and marketed by the appellant, AcroMed Corporation (""AcroMed"") exacerbated injuries in her back. The central issue presented on appeal is whether the Medical Device Amendments (the ""MDAs"") to the Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301 et seq. (the ""Act""), preempt Reeves' claim that AcroMed failed to adequately warn her and her physician of the implant's dangers. AcroMed also challenges the evidentiary sufficiency of Reeves' defective manufacturing, defective design, and unreasonably dangerous per se claims. For the reasons stated below, we conclude that Reeves' failure-to-warn claim is preempted and that Reeves failed to produce sufficient evidence to recover on her defective manufacturing and defective design the ones. We thus vacate the district court's judgment and remand this case for retrial of Reeves' action predicated on her unreasonably dangerous per se theory of recovery.

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