Kentucky
J&J must face Kentucky woman’s claim that mesh caused ‘debilitating’ pain
(Reuters) – A federal appeals court docket on Friday revived a Kentucky girl’s lawsuit claiming she suffered “debilitating” ache because of faulty pelvic mesh made by Johnson & Johnson’s Ethicon unit.
A unanimous three-judge panel of the sixth U.S. Circuit Courtroom of Appeals dominated {that a} jury ought to be allowed to listen to plaintiff Connie Thacker’s claims and {that a} decrease court docket decide positioned an excessive amount of weight on the testimony of Thacker’s physician when he dominated within the firm’s favor with out trial.
“The opinion clarifies any uncertainty in what proof should be offered in a failure to warn and design defect case introduced underneath Kentucky regulation,” Thacker’s lawyer, Sean Jez of Fleming Nolen and Jez, stated in a press release.
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J&J didn’t instantly reply to requests for remark.
Thacker sued Ethicon in Lexington, Kentucky, federal court docket in 2012. She stated that in 2009, on the recommendation of her physician, J. Michael Guiler, she had two mesh gadgets implanted to deal with a rectocele, a weakening of the wall between the vagina and the rectum.
Thacker stated the mesh triggered her extreme ache and different signs, which endured regardless of two additional surgical procedures. She accused the corporate of failing to warn of the merchandise’ dangers. She additionally stated they have been defectively designed as a result of the mesh materials, polypropylene, was unsafe.
Her lawsuit was considered one of greater than 100,000 towards J&J and different pelvic mesh producers consolidated in a number of associated multidistrict litigations (MDLs) in Charleston, West Virginia.
The circumstances have resulted in over $8 billion in settlements. J&J has denied wrongdoing however stopped promoting pelvic mesh in 2012. The MDLs have been wound down, with remaining circumstances, together with Thacker’s, despatched again to their unique courts.
U.S. District Choose Joseph Hood in November 2021 granted Ethicon abstract judgment, citing Guiler’s testimony that he nonetheless believed the mesh was the most suitable choice regardless of having realized extra concerning the dangers. As a result of Kentucky follows a so-called “realized middleman” doctrine, by which producers’ obligation to warn is to docs, not sufferers, Hood discovered {that a} stronger warning wouldn’t have modified the end result.
Circuit Choose Eric Clay wrote Friday that Kentucky regulation “doesn’t help such a slender method.” A jury ought to have been allowed to think about whether or not Guiler may need mentioned stronger warnings with Thacker, by which case she may not have agreed to the surgical procedure, he stated.
Clay, joined by Circuit Judges John Rogers and Raymond Kethledge, additionally rejected Hood’s discovering that Thacker didn’t help her faulty design declare as a result of her knowledgeable’s proposed various design was not supported by proof, writing {that a} jury ought to contemplate that as effectively. A plaintiff should present that another design would have been safer with a view to win a design defect declare.
The case is Thacker v. Ethicon Inc et al, sixth U.S. Circuit Courtroom of Appeals, No. 21-6193.
For Thacker: Sean Jez of Fleming Nolen and Jez
For J&J: Amy Pepke of Butler Snow
Learn extra:
California appeals court docket cuts $42 million off J&J mesh-marketing judgment
Girl’s mesh lawsuit not ‘shotgun pleading’ regardless of lack of element
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Kentucky
Kentucky volleyball heads to Japan for competition and culture
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The Kentucky volleyball team has begun their 11-day trip to Japan, where they have five games scheduled against Japanese Universities ahead of the 2024 season.
The ‘Cats are confident this experience ahead of the preseason will not only allow a smoother transition into college ball for the incoming freshman, but also allow for once-in-a-lifetime team bonding experiences. They’re hopeful that the extra reps before the regular season begins will set them up for success this upcoming fall.
“I think the biggest thing for us volleyball-wise is that this will allow us to get into preseason and be a week ahead,” head coach Craig Skinner said, per UK Athletics. “Typically in preseason, you have about two or two and a half weeks to get ready to play a match. This will give us an extra week ahead of preseason so we can iron out little things. It’s a huge advantage time-wise when you get to preseason.”
This extra time is valuable for the seven-time defending Southeastern Conference champions. Kentucky knows that these extra reps will help to enrich team chemistry on and off the court.
Senior setter and 2022 SEC Player of the Year Emma Grome says the trip will give the ‘Cats a great head start for the fall. She also thinks there will be lots to learn from the matches in Japan.
“I think it will be an interesting experience in general because they do a little bit of a different ballgame than us,” Grome said. “There’s some differences in the rules and I think that will be a good challenge for us. It will be cool to see how a different country plays. For me as a setter, it will be cool to watch their setters and see if they do anything different and maybe take some things from that.”
They will not only bring back new techniques regarding the game, but they’ll experience a once-in-a-lifetime opportunity to immerse themselves in a different culture. A lot of the team feels like they wouldn’t have had an opportunity to go to Japan otherwise, so this is a trip that they’ll remember forever.
“I love going to places like Japan, Brazil, China because the culture is so much different than what we know and they would never probably get this opportunity to go on their own,” Skinner said. “So, for us to get a life experience that we can all share together and bond as a team, but also, they will be talking about this trip for the rest of their lives. All of us will be. What a great opportunity that our administration and boosters have given us to be able to fund a trip like this. It’s just an unbelievable life adventure.”
Kentucky will play five games over their adventure abroad against Senri Kinran University, Ryokoku University, NNS University, and Nihon University.
Kentucky
Here's what will be on Northern Kentucky ballots Tuesday
Kentucky voters will go to the polls Tuesday, May 21, to weigh in on the nation’s presidential primaries and a number of other local elections.
Northern Kentucky voters will also consider the primary election of the state’s 4th Congressional District, currently held by Republican Rep. Thomas Massie. He’s facing two other Republican challengers, Eric Deters and Michael McGinnis, in the primary.
Boone County
Voters in Boone County will also consider primaries for the 60th, 61st, 66th and 69th Statehouse districts, as well as the 11th state Senate district. Three Boone County Board of Education candidates will also be on the ballot. Residents of Walton and Florence will also weigh in on city government primaries there.
You can find more information at the Boone County Clerk’s Office.
2024 Kentucky Voter Guide: Primary Edition
Campbell County
Campbell County voters will vote in a primary election for Kentucky’s 67th Statehouse district. Residents of Newport will also cast ballots for the city’s mayoral and commission primaries, and residents of other cities like Dayton, Bellevue and Fort Thomas will vote on city commissions. Find out more at the Campbell County Clerk’s Office.
Kenton County
Residents of Kenton County will consider nominees for Kentucky’s 61st, 64th and 69th Statehouse districts. They’ll also weigh in on county commission candidates. Covington residents will see primary elections for mayor and city commission, and residents in other Kenton County municipalities will vote for city council or city commission candidates. More information is available at the Kenton County Clerk’s Office.
Polls open at 6 a.m. and close at 6 p.m. local time. You’ll need government-issued ID to vote.
Kentucky
Kentucky Newsmakers 5/19: Ky. Sec. of State Michael Adams; God’s Pantry Food Bank CEO Michael Halligan
LEXINGTON, Ky. (WKYT) – On the latest edition of Kentucky Newsmakers, WKYT’s Bill Bryant talks with Kentucky Secretary of State Michael Adams and God’s Pantry Food Bank CEO Michael Halligan.
First, Kentucky Secretary of State Michael Adams is here as voters have been going to the polls for early voting before Tuesday’s primary.
Later, we’ll get an update from God’s Pantry Food Bank CEO Michael Halligan on hunger in Kentucky and their efforts to address it.
Copyright 2024 WKYT. All rights reserved.
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