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BURKS v. ABBOTT LABORATORIES

Civil No. 08-3414 (JRT/JSM).

639 F.Supp.2d 1006 (2009)

Evan BURKS, by her parents and natural guardians, Rockland Burks and Adrienne Burks, and Rockland Burks and Adrienne Burks, individually, Plaintiffs, v. ABBOTT LABORATORIES, Abbott Laboratories Ross Products Division, Abbott Laboratories, Inc., Bristol-Myers Squibb Company, and Mead Johnson & Co., Defendants.

United States District Court, D. Minnesota.

July 24, 2009.

Attorney(s) appearing for the Case

Stephen C. Rathke, Lommen, Abdo, Cole, King & Stageberg, P.A., Minneapolis, MN; and Richard H. Taylor, Taylor Martino & Zarzaur, Mobile, AL, for plaintiffs.

Jeannine L. Lee, Robert Bennett, Wendy M. Canaday and Sara H. Daggett, Flynn Gaskins & Bennett, LLP, Minneapolis, MN; and June K. Ghezzi and Melissa B. Hirst, Jones Day, Chicago, IL, for defendants, Abbott Laboratories, Abbott Laboratories Ross Products Division, and Abbott Laboratories, Inc.

Joseph M. Price, Faegre & Benson LLP, Minneapolis, MN; and Adam R. Moore, Matthew D. Keenan, and Sarah E. West, Shook Hardy & Bacon LLP, Kansas City, MO; for defendants, Bristol-Myers Squibb Company and Mead Johnson & Co.

MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS

JOHN R. TUNHEIM, District Judge.

Plaintiffs Evan Burks, and Evan's parents Rockland Burks and Adrienne Burks ("parent-plaintiffs") (collectively, "the Burks") brought this action against defendants Abbott Laboratories, Abbott Laboratories Ross Products Division, Abbott Laboratories, Inc. (collectively, "Abbott"), and Bristol-Myers Squibb Company and Mead Johnson...

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