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UNIVERSITY MEDICAL CENTER, INC. v. SHWAB

2019-SC-0641-DG.

628 S.W.3d 112 (2021)

UNIVERSITY MEDICAL CENTER, INC. d/b/a James Graham Brown Cancer Center; Craig L. Silverman, M.D.; Roger H. Herzig, M.D.; and University Medical Center, Inc. d/b/a University of Louisville Hospital, Appellants v. Reagan Brooke SHWAB and Hugh McNeilly Shwab, IV, Appellees.

Supreme Court of Kentucky.

August 26, 2021.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANTS: Allison Olczak Wildman , Louisville, Joseph Andrew Wright , Thompson Miller & Simpson PLC.

COUNSEL FOR APPELLEES: David Brooks Gray , Gray Law, PLLC, Louisville.

COUNSEL FOR AMICUS CURIAE, KENTUCKY DEFENSE COUNSEL INC.: Patricia Colleen LeMeur , Phillips Parker Orberson Arnett, PLC, Louisville.

COUNSEL FOR AMICI CURIAE, THE AMERICAN MEDICAL ASSOCIATION AND THE KENTUCKY MEDICAL ASSOCIATION: Bethany A. Breetz , Sarah Cronan Spurlock , Stites & Harbison, PLLC, Louisville, Philip S. Goldberg , Shook, Hardy & Bacon LLP.

Reagan Brooke Shwab (Brooke) was diagnosed with a kidney disease which became severe in 2007, necessitating a kidney transplant. Interested in avoiding the need for lifetime immunosuppressant drugs following the transplant, Brooke consented to participate in a Phase I clinical trial that had as its goal participants...

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