Walker v. Medtronic, Inc., No. 10-2219

Decided: January 25, 2012

Sherry Walker appealed the district court’s holding that her common law tort claims against Medtronic, Inc. are preempted by the Medical Device Amendments of 1976 (“MDA”). The Fourth Circuit affirmed. Walker conceded that the device in question, the SynchroMed pump, was designed, manufactured, and distributed in compliance with the terms of its premarket approval given by the Food and Drug Administration (“FDA”) as required under the MDA. Because Walker’s common law claims sought to impose requirements above and beyond those imposed by the FDA, her claims were expressly preempted by the MDA.

Full Opinion

-Sara I. Salehi

Like us on Facebook!
Facebook By Weblizar Powered By Weblizar
Contact Information


South Carolina Law Review
701 Main Street, Suite 401
Columbia, SC 29208