Robinson
Robinson v. Endovascular Technologies, Inc.
Opinion
Lead Opinion
Mihara, J.
Plaintiff Thomas S. Robinson, who suffered severe injuries after he was implanted with the Ancure Endograft System (Ancure Device), brought a products liability and personal injury action against defendants Endovascular Technologies, Inc. (EVT), Guidant Corporation (Guidant), Advanced Cardiovascular Systems, Inc., and Origin Medsystems, Inc. 1 The trial court granted defendants’ motions for summary judgment on the ground that plaintiff’s claims were preempted by federal law. Plaintiff has filed a timely appeal from the judgment of dismissal. We find no error and affirm.
*1493 I. Federal Regulation of Medical Devices
“In enacting the Medical Device Amendments of 1976 (MDA) (21 U.S.C. § 360c et seq.) to the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. § 301 et seq.), Congress sought to ‘ “provide for the safety and effectiveness of medical devices intended for human use.” ’ (Medtronic, Inc. v. Lohr (1996) 518 U.S. 470, 474 [ 135 L.Ed.2d 700 , 116 S.Ct. 2240 ] (Lohr).) The MDA divides medical devices into three classifications: class I, class II, and class III. (21 U.S.C. § 360c(a)(l).) A class III device, such as the Ancure Device, receives the most federal oversight,…