20. PREEMPTION Mears v. Marshall, 149 Or App 641 (1997). Plaintiff who received injections of antiwrinkle products sued the manufacturer and a physician alleging negligence, medical malpractice, strict products liability, and breach of implied warranties of merchantability and fitness. The issue before the court was whether such state tort claims are preempted by the Medical Device Amendments of 1976 (MDA) to the Food, Drug and Cosmetics Act, 21 USC § 301 et seq. The Court of Appeals concluded that MDA did not preempt any of the state tort claims alleged.
		Chapter 19 PLEADINGS AND THE ORCP
								Chapter 21 PRIVILEGES