Such a sweeping interpretation of federal preemption under section 360k would also produce a serious intrusion into state sovereignty. In the absence of a clear and manifest congressional intent to create the sweeping preemption of state common law claims suggested by TPSI, we hold that the FDA's premarket approval of a Class III medical device does not establish a specific federal requirement which preempts plaintiff's state common law claims. 283 Ill. App. We acknowledge that the Seventh Circuit Court of Appeals has also addressed this issue and reached a result contrary to our decision today. TPSI insists that in the interest of uniformity, this court should follow this precedent from the Seventh Circuit.
Uniformity is an important consideration when state courts interpret federal statutes.
Nonetheless, a concern for uniformity does not command this court's adherence to the Seventh Circuit's precedent in this case. The Seventh Circuit Court of Appeals exercises no appellate jurisdiction over this court. This court need not follow Seventh Circuit precedent interpreting a federal statute where, as here, the Supreme Court has not ruled on the question presented, there is a split of authority among the federal circuit courts of appeals, and, we believe, the case from the Seventh Circuit was wrongly decided. For the reasons stated, the judgments of the appellate and circuit courts are reversed and the cause is remanded to the circuit court of Cook County for further proceedings consistent with this opinion. Reversed and remanded.