Opinion

Saunaie Brown v. St. Jude Medical, Inc.

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Jun 30, 2005
Status
Published
Cited by
0 cases

The opinion

Opinion issued June 30, 2005

In The

Court of Appeals

For The

First District of Texas

IN RE HEART VALVE LITIGATION

On Appeal from the 215th District Court

Harris County, Texas

Trial Court Master Cause No. 2002-27580-A

(01-03-00198-CV)

HOWARD BOYLE, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 113th District Court

Harris County, Texas

Trial Court Cause No. 2002-26969-A

01-04-00291-CV

LAVERNE BROWN, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 127th District Court

Harris County, Texas

Trial Court Cause No. 2002-02865-A

01-04-00292-CV

SAUNAIE BROWN, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 125th District Court

Harris County, Texas

Trial Court Cause No. 2002-02867-A

01-04-00293-CV

JACK CALHOUN, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 295th District Court

Harris County, Texas

Trial Court Cause No. 2002-02981-A

01-04-00294-CV

ARTURO CARDENAS, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 270th District Court

Harris County, Texas

Trial Court Cause No. 2002-26971-A

01-04-00295-CV

NEIL CHANDLER, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 269th District Court

Harris County, Texas

Trial Court Cause No. 2002-26968-A

01-04-00296-CV

RONALD COOPER, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 334th District Court

Harris County, Texas

Trial Court Cause No. 2002-26961-A

01-04-00297-CV

DANIEL DIXON, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 333rd District Court

Harris County, Texas

Trial Court Cause No. 2002-26962-A

01-04-00298-CV

MARY JANETTE DOWELL, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 215th District Court

Harris County, Texas

Trial Court Cause No.2002-02993-A

01-04-00299-CV

GLORIA EVERITT, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 61st District Court

Harris County, Texas

Trial Court Cause No. 2002-26970-A

01-04-00300-CV

ELIDA FLORES, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 295th District Court

Harris County, Texas

Trial Court Cause No. 2002-42469-A

01-04-00301-CV

ROBERT FOLTZ, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 152nd District Court

Harris County, Texas

Trial Court Cause No. 2002-02987-A

01-04-00302-CV

EARL FUTRELLE, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 333rd District Court

Harris County, Texas

Trial Court Cause No. 2002-02992-A

01-04-00303-CV

CAROLYN GIBBENS, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 133rd District Court

Harris County, Texas

Trial Court Cause No. 2002-02964-A

01-04-00304-CV

RICHARD GILBERT, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 61st District Court

Harris County, Texas

Trial Court Cause No. 2002-42468-A

01-04-00305-CV

CLIFFORD HAMILTON, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 295th District Court

Harris County, Texas

Trial Court Cause No. 2002-02994-A

01-04-00306-CV

EDGAR HENDERSON, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 55th District Court

Harris County, Texas

Trial Court Cause No. 2002-26967-A

01-04-00307-CV

LINWOOD HEBERT, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 129th District Court

Harris County, Texas

Trial Court Cause No. 2002-02975-A

01-04-00308-CV

FRANCIS HITESHEW, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 55th District Court

Harris County, Texas

Trial Court Cause No. 2002-02871-A

01-04-00309-CV

THOMAS HOVANEC, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 334th District Court

Harris County, Texas

Trial Court Cause No. 2002-02961-A

01-04-00310-CV

STEVEN HUGGHINS, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 125th District Court

Harris County, Texas

Trial Court Cause No. 2002-02982-A

01-04-00311-CV

JAMES IVIE, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 280th District Court

Harris County, Texas

Trial Court Cause No. 2002-02991-A

01-04-00312-CV

DAMON KOEN, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 152nd District Court

Harris County, Texas

Trial Court Cause No. 2002-02962-A

01-04-00313-CV

FRAN LANE, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 127th District Court

Harris County, Texas

Trial Court Cause No. 2002-02966-A

01-04-00314-CV

WILLIAM LEWELLYN , Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 281st District Court

Harris County, Texas

Trial Court Cause No. 2002-02870-A

01-04-00315-CV

GLADYS LIPSCOMB, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 157th District Court

Harris County, Texas

Trial Court Cause No. 2002-02866-A

01-04-00316-CV

ROBERT LOPEZ, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 11th District Court

Harris County, Texas

Trial Court Cause No. 2002-02965-A

01-04-00317-CV

BEULAH MALINA, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 280th District Court

Harris County, Texas

Trial Court Cause No. 2002-02863-A

01-04-00318-CV

MARIO MARTINEZ, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 11th District Court

Harris County, Texas

Trial Court Cause No. 2002-02971-A

01-04-00319-CV

RAMIRO MARTINEZ, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 80th District Court

Harris County, Texas

Trial Court Cause No. 2002-03213-A

01-04-00320-CV

JANIE MCDANIEL, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 151st District Court

Harris County, Texas

Trial Court Cause No. 2002-02969-A

01-04-00321-CV

PHILIP MEUSER, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 127th District Court

Harris County, Texas

Trial Court Cause No. 2002-02977-A

01-04-00322-CV

JAVIER MUNOZ, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 152nd District Court

Harris County, Texas

Trial Court Cause No. 2002-26963-A

01-04-00323-CV

TONY NAVARRO, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 151st District Court

Harris County, Texas

Trial Court Cause No. 2002-026966-A

01-04-00324-CV

HUMBERTO NUNEZ, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 129th District Court

Harris County, Texas

Trial Court Cause No. 2002-02872-A

01-04-00325-CV

MARY ONESTY, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 165th District Court

Harris County, Texas

Trial Court Cause No. 2002-02967-A

01-04-00326-CV

BELINDA PEREZ, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 270th District Court

Harris County, Texas

Trial Court Cause No. 2002-02976-A

01-04-00327-CV

WESLEY PERREN, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 234th District Court

Harris County, Texas

Trial Court Cause No. 2002-02985-A

01-04-00328-CV

GERALD PETSCH, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 127th District Court

Harris County, Texas

Trial Court Cause No. 2002-02979-A

01-04-00329-CV

SANDELLA PHILLIPS, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 269th District Court

Harris County, Texas

Trial Court Cause No. 2002-02972-A

01-04-00330-CV

JOHNNEY POLLAN, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 295th District Court

Harris County, Texas

Trial Court Cause No. 2002-26965-A

01-04-00331-CV

OSCAR RAMIREZ, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 55th District Court

Harris County, Texas

Trial Court Cause No. 2002-42470-A

01-04-00332-CV

LILLIE REED, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 151st District Court

Harris County, Texas

Trial Court Cause No. 2002-02986-A

01-04-00333-CV

FRANK RIOS, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 127th District Court

Harris County, Texas

Trial Court Cause No. 2002-02978-A

01-04-00334-CV

PETRA RODRIGUEZ, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 164th District Court

Harris County, Texas

Trial Court Cause No. 2002-46754-A

01-04-00335-CV

HENRY ROTHSCHILD, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 269th District Court

Harris County, Texas

Trial Court Cause No. 2002-02869-A

01-04-00336-CV

EARL SADLER, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 189th District Court

Harris County, Texas

Trial Court Cause No. 2002-02990-A

01-04-00337-CV

DAVID V. SALAS, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 129th District Court

Harris County, Texas

Trial Court Cause No. 2002-02960-A

01-04-00338-CV

SYLVIA SANCHEZ, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 133rd District Court

Harris County, Texas

Trial Court Cause No. 2002-02968-A

01-04-00339-CV

LEE A. SIAS, VERNELL SIAS, WILLIAM CRON, NORMAN HAUGEN,

GLENDA BREWER, JARVIS CHRISTIAN, BILLY BAKER, RONNIE

KING, JANET KING, DONALD IRVIN, SANDRA K. SAM, and KENNETH

E. KANTOROWICZ, Appellants

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 333rd District Court

Harris County, Texas

Trial Court Cause No. 2002-55917-A

01-04-00340-CV

MARTIN SOUTHWICK, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 151st District Court

Harris County, Texas

Trial Court Cause No. 2002-02959-A

01-04-00341-CV

JOHN STARK, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 281st District Court

Harris County, Texas

Trial Court Cause No. 2002-02980-A

01-04-00342-CV

ROGER STEWART, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 270th District Court

Harris County, Texas

Trial Court Cause No. 2002-02963-A

01-04-00343-CV

ROBERT STROBEL, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 55th District Court

Harris County, Texas

Trial Court Cause No. 2002-02973-A

01-04-00344-CV

MOLLY TAPIA, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 234th District Court

Harris County, Texas

Trial Court Cause No. 2002-26959-A

01-04-00345-CV

JOSE R. VALENTIN, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 215th District Court

Harris County, Texas

Trial Court Cause No. 2002-02970-A

01-04-00346-CV

OLA MAE WILLIAMS, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 190th District Court

Harris County, Texas

Trial Court Cause No. 2002-02868-A

01-04-00347-CV

ELIANA ZADIK, Appellant

V.

ST. JUDE MEDICAL, INC., Appellee

On Appeal from the 157th District Court

Harris County, Texas

Trial Court Cause No. 2002-02652-A

MEMORANDUM OPINION

The plaintiffs in these appeals were implanted with allegedly defective heart

valves, which were manufactured by St. Jude Medical, Inc. (St. Jude) and Spire

Corporation (Spire). St. Jude and Spire filed motions for summary judgment, in

which they contended that plaintiffs’ claims were preempted by their compliance with

the Food and Drug Administrations’s pre-market approval procedures for certain

medical devices. The trial court granted the manufacturers’ motions for summary

judgment and these appeals followed. We affirm.

Factual Background

In 1982, the FDA approved St. Jude’s initial PMA application for a mechanical

heart valve. During the following years, St. Jude made several improvements to the

valve, which were also approved through a series of PMA supplements. One of these

improvements was the incorporation of a rotating sewing cuff, which eliminated the

need for surgeons to position the valve before sewing it in place.

In an effort to combat endocarditis, a life-threatening infection of the heart

muscle, St. Jude notified the FDA that it planned to develop a mechanical heart valve

with an infection-resistant, sterile, silver coating on the sewing cuff. St. Jude

contracted with Spire to use Spire’s patented ion beam assisted deposition process to

apply a thin silver coating to St. Jude’s heart valves. In May 1997, after an FDA-required animal test was completed, St. Jude submitted a PMA supplement to add the

Silzone

coating to its already approved heart valve.

In March 1998, the FDA approved St. Jude’s PMA supplement. As a part of

its approval, the FDA imposed several post-approval requirements, including how the

valve could be marketed. Specifically, the FDA prohibited St. Jude from making any

claims about the efficacy of the Silzone coating in preventing endocarditis. St. Jude

began marketing the Silzone valve accordingly.

St. Jude, however, continued to participate in studies to determine the efficacy

of the Silzone coating in preventing endocarditis. One of these studies was the

Artificial Valve Endocarditis Reduction Trial (AVERT). On January 21, 2000, an

independent board reviewing the AVERT data concluded that patients with the

Silzone valve were more likely to experience a post-operative complication, known

as a paravalvular leak. Approximately 2% of the patients with the Silzone valve

experienced such leaks, as opposed to .25% of patients with conventional valves.

The same day it became aware of the conclusions of the AVERT monitoring

board, St. Jude began a voluntary recall of all non-implanted Silzone valves, and so

informed the FDA. In response, the FDA, in a letter from Edwin Dee to St. Jude,

stated, “We agree with your firm’s decision to recall [the Silzone valve] . . . We have

reviewed your action and conclude that it meets the formal definition of a ‘Recall’”.

This is significant, as your action is an alternative to a Food and Drug Administration

legal action to remove the defective products from the market.” It is undisputed,

however, that the FDA never formally withdrew its PMA approval of the valve, and

that the valve had FDA approval on the date it was implanted in each of the plaintiffs.

Plaintiffs filed these suits against St. Jude based on theories of liability

including, but not limited to, negligence, product liability, and breach of warranty.

St. Jude filed a motion for summary judgment, contending that the plaintiffs’ state-court tort claims were preempted by the FDA’s federal regulation over the valves at

issue. The trial court agreed and granted St. Jude’s motion for summary judgment.

Analysis

In Baker v. St. Jude Medical, Inc ., No. 01-02-00802-CV (Tex. App.—Houston

[1st Dist.] June 30, 2005, no pet. h.), which we issue concurrently with this opinion,

this Court considered the same arguments as those in these appeals. Specifically, the

Court addressed the issue of whether the plaintiffs’ claims in that case were

preempted by St. Jude’s compliance with applicable FDA pre-market approval

procedures. On a record that is nearly identical to that before us in these appeals, this

Court concluded that the plaintiffs’ negligence, products liability, deceptive trade

practices, fraud, and malice claims were, in fact, preempted by St. Jude’s compliance

with the FDA’s pre-market approval process for the manufacture and distribution of

the heart valve that was implanted in the plaintiff. See Baker, slip op. at 18, 21.

Accordingly, we affirmed the summary judgment granted in favor of St. Jude. Id. at

21.

This Court’s opinion in Baker v. St. Jude extensively discusses the Court’s

reasoning behind its conclusion that the doctrine of preemption applies. Neither the

briefing nor the record in these appeals shows a reason to distinguish the present

cases from Baker.

Accordingly, for the reasons given in Baker v. St. Jude , we overrule plaintiffs’

sole issue on appeal. Because we have held that all of plaintiffs’ claims against St.

Jude are preempted by federal law, we affirm the judgments.

Sherry Radack

Chief Justice

Panel consists of Chief Justice Radack and Justices Taft and Nuchia.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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