Appeal from the United States District Court for the Eastern District of Kentucky at Lexington.
No. 5:20-cv-00050—Joseph M. Hood, District Judge.
Argued: June 9, 2022
Decided and Filed: August 26, 2022
Before: CLAY, ROGERS, and KETHLEDGE, Circuit Judges.
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OPINION
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CLAY, Circuit Judge. Plaintiff Connie Thacker sued Defendants Ethicon Inc. and its
parent company Johnson & Johnson (collectively “Ethicon”) alleging that two medical devices
that Ethicon manufactured caused Thacker to suffer several injuries. She brought strict liability
and negligence claims under the Kentucky Product Liability Act (“KPLA”) alleging design
defect and failure to warn. See Ky. Rev. Stat. § 411.300–411.340. After the close of discovery,
Ethicon moved for summary judgment. The district court granted Ethicon’s motion for summary
judgment on Thacker’s KPLA claims. See Thacker v. Ethicon, Inc., 571 F. Supp. 3d 691, 695
(E.D. Ky. 2021). For the reasons set forth below, we REVERSE the district court’s order and
REMAND for further proceedings. |