Michael B. White, Individually and as Personal Representative of the Estate of Darla K. White, Deceased v. Medtronic, Inc., et al.
1. Adulterated products are not a medical device, no preemption for FDA violations.
2. A doctor could not develop well-informed off-label use opinion based on false information created and disseminated by Medtronic.
3. Petitioner has private causes of action.
4. State court is the proper jurisdiction.
5. Michigan requirements are the proper pleading standard.
6. Summary disposition and failure to remand were improper.
Whether the 6th Circuit Court of Appeals incorrectly affirmed the U.S. District Court's grant of summary disposition due to an incorrect application of federal medical device preemption law