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RUSSELL v. JOHNSON & JOHNSON, INC.

2019-SC-0118-DG.

610 S.W.3d 233 (2020)

Clifford RUSSELL, Sr. and Jeanene Russell, Appellants v. JOHNSON & JOHNSON, INC., Biosense Webster, Inc., Johnson & Johnson Consumer Companies, Inc., Johnson & Johnson Innovation JJDC, Inc. f/k/a Johnson & Johnson Development Corporation, and Baptist Health Lexington ASC of Baptist Healthcare System, Inc., Appellees.

Supreme Court of Kentucky.

October 29, 2020.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANTS: Kevin Crosby Burke , Louisville, Jamie Kristin Neal , Burke Neal PLLC, Anne Louise Gilday , Jennifer Lee Lawrence , The Lawrence Law Firm, Covington.

COUNSEL FOR APPELLEES JOHNSON & JOHNSON, INC., BIOSENSE WEBSTER, INC., JOHNSON & JOHNSON CONSUMER COMPANIES, INC., AND JOHNSON & JOHNSON INNOVATION JJDC, INC. F/K/A JOHNSON & JOHNSON DEVELOPMENT CORPORATION: Lori Elizabeth Hammond , Charles Martin Pritchett Jr. , Jason Patrick Renzelmann , Frost Brown Todd LLC, Louisville, James F. Murdica , Barnes & Thornburg, LLP.

COUNSEL FOR APPELLEE BAPTIST HEALTH LEXINGTON ASC OF BAPTIST HEALTHCARE SYSTEM, INC.: David T. Klapheke , Boehl, Stopher & Graves, LLP, Louisville.

Appellants, Clifford Russell and his wife Jeanene, filed suit against Appellees, Biosense,1 alleging state tort claims due to injuries caused by a Class III medical device. Biosense moved for judgment on the pleadings based on federal preemption of all claims. The trial court granted...

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