Worthy V. Collagen Corp‪.‬

The principal issue before us is whether the Medical Device Amendments of 1976 to the federal Food, Drug and Cosmetic Act preempt this action against a manufacturer brought under the Texas Deceptive Trade Practices-Consumer Protection Act for damages resulting from the injection of a collagen implant material that is a class III medical device under the Act and that has received premarketing approval from the federal Food and Drug Administration. To resolve the issue we must construe and apply the United States Supreme Court's recent opinions in Medtronic, Inc. v. Lohr, ___ U.S. ___, 116 S. Ct. 2240 (1996). We agree with the lower courts, 921 S.W.2d 711, that this action is preempted.