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LARKIN v. PFIZER, INC.

No. 2002-SC-0746-CL.

153 S.W.3d 758 (2004)

Robert I. LARKIN; and Barbara A. Larkin, Petitioners, v. PFIZER, INC.; and G.D. Searle & Co., Respondents.

Supreme Court of Kentucky.

Rehearing Denied February 17, 2005.

Attorney(s) appearing for the Case

Harry D. Rankin, Luann Devine, Greenebaum, Doll & McDonald, PLLC, Covington, Counsel for Petitioners.

William Kennedy Simpson, Rheanne D. Falkner, David Warner Mushlin, Thompson, Miller & Simpson, PLC, Louisville, Counsel for Respondent Pfizer, Inc.

Susan Simpson Wettle, Sheryl G. Snyder, Frost, Brown, Todd, LLC, Louisville, Irene C. Keyse Walker, Robert C. Tucker, Tucker, Ellis & West, LLP, Cleveland, OH, Counsel for Respondent G.D. Searle & Co.

E. Andre Busald, Busald, Funk, Zevely, PSC, Florence, Counsel for Amicus Curiae Kentucky Academy of Trial Attorneys (Kata).

David T. Schaefer, Woodward, Hobson & Fulton, Louisville, Counsel for Amicus Curiae Product Liability Advisory Council.

Marie Alagia Cull, Cull, Hayden & Vance, PSC, Frankfort, Counsel for Amicus Curiae Pharmaceutical Research and Manufacturers of America.

Opinion of the Court by Justice COOPER.

This matter reaches us by a request for certification of a question of law from the United States Court of Appeals for the Sixth Circuit. CR 76.37. The operable facts as set forth in the request for certification are as follows:

"Robert Larkin is a 69-year-old resident of Indiana who has been a paraplegic since his involvement in an automobile accident in 1964. Dr. Jeffrey Reynolds has been Larkin's internist since 1988...

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