827 N.W.2d 782
Minn. Ct. App.2013Background
- Lamere underwent 1988 mechanical heart valve implantation in California; Lamere died 2007 from valve failure; Lamere filed 2010 suit in Minnesota with wrongful-death and manufacturing-defect claims; district court held some claims not time-barred but manufacturing-defect preemption issue remained; district court found preemption for all other claims and allowed discovery to proceed; court later granted summary judgment on preemption; appellate decision reversed on statute-of-limitations but affirmed preemption ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Lamere's wrongful-death claim time-barred under Minn. Stat. § 573.02? | Lamere argues accrual occurs at death, not at manufacture/implant. | St. Jude argues accrual upon act/omission, i.e., manufacturing or implantation. | Time-barred under both Minnesota and California law; accrual at act/omission. |
| Is the manufacturing-defect claim preempted by the MDA? | GMPs may parallel federal requirements; not preempted. | Manufacturing-defect claim imposes new requirements; preempted. | Preempted; state-law manufacturing claim not allowed. |
| Should St. Jude receive attorney fees under Minn. Stat. § 549.211? | Appeal lacks merit to warrant sanctions. | Merits unclear due to preemption split and limitations issues. | No attorney fees awarded; appeal meritorious. |
Key Cases Cited
- Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996) (FDA preemption framework for PMA devices; parallel claims principle)
- Riegel v. Medtronic, Inc., 552 U.S. 312 (2008) (PMAs and state-law claims; parallel vs. conflicting duties)
- DeCosse v. Armstrong Cork Co., 319 N.W.2d 45 (Minn. 1982) ( wrongful-death tolling; fraudulent-concealment equitable tolling)