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SMITH v. SMITH & NEPHEW, INC.

Case No. 1:13cv289.

5 F.Supp.3d 930 (2014)

Lori SMITH, et al., Plaintiffs, v. SMITH & NEPHEW, INC., Defendant.

United States District Court, S.D. Ohio, Western Division.

Filed March 10, 2014.

Attorney(s) appearing for the Case

Brett M. Renzenbrink , Strauss Troy Co., LPA, Richard Stuart Wayne , Joseph J. Braun , Cincinnati, OH, for Plaintiffs.

Eric Larson Zalud , Cleveland, OH, Steven Andrew Oldham , Benesch, Friedlander, Coplan & Aronoff LLP, Columbus, OH, David W. O'Quinn , Irwin Fritchie Urquhart & Moore LLC, New Orleans, LA, for Defendant.

OPINION & ORDER

MICHAEL R. BARRETT, District Judge.

This matter is before the Court upon Defendant Smith & Nephew's Motion to Dismiss. (Doc. 5.) Plaintiffs Lori and Todd Smith filed a Response in Opposition (Doc. 13) and Defendant filed a Reply (Doc. 15).

I. BACKGROUND

Plaintiffs are husband and wife. (Doc. 1, ¶ 2.) Plaintiffs' claims are based on the Smith & Nephew "R3 Acetabular System...

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