In In re Medtronic, Inc., Sprint Fidelis Leads Products Liability Litigation (8th Cir. 2010) 623 F.3d 1200, the plaintiffs argued that without discovery, it would be impossible to meet a pleading standard requiring them to identify a specific federal requirement of the premarket approval process, because the information is only available to the manufacturer and the FDA. The court stated the plaintiffs' "argument--which focuses on the timing of the preemption ruling--would have considerable force in a case where a specific defective Class III device injured a consumer, and the plaintiff did not have access to the specific federal requirements in premarket approval prior to commencing the lawsuit." (Id. at p. 1206.) In that case, plaintiffs made a deliberate decision to not seek discovery, and so the court affirmed dismissal of the claim "as pleaded and argued." (Id. at p. 1207.)