In Baker v. St. Jude Medical, Inc., No. 01-02-00802-CV (Tex. App.--Houston 1st Dist. June 30, 2005, no pet. h.), the 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. The 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, the Court affirmed the summary judgment granted in favor of St. Jude. Id. at 21.