This case was last updated from PACER on 01/19/2020 at 08:06:44 (UTC).

Blackburn v. Medtronic, Inc. et al

Case Summary

On 11/20/2019 Blackburn filed a Personal Injury - Other Product Liability lawsuit against Medtronic, Inc. This case was filed in U.S. District Courts, Kentucky Eastern District. The Judge overseeing this case is Claria Horn Boom. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:19-CV-00457

  • Filing Date:

    11/20/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

Judge Details

Presiding Judge

Claria Horn Boom

 

Party Details

Plaintiff

Stacy Blackburn

Defendants

Covidien Holding Inc.

Medtronic Sofamor Danek USA, Inc.

Medtronic USA, Inc.

Covidien Sales LLC

Medtronic, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Joshua Hicks

Attorney at Hicks & Funfsinn, PLLC

431 S. Broadway, Suite 331

Lexington, KY 40508

Gregory Michael Funfsinn

Attorney at Hicks & Funfsinn, PLLC

431 S. Broadway, Suite 331

Lexington, KY 40508

Kenneth Carlos Human

Attorney at Hicks & Funfsinn, PLLC

431 S. Broadway, Suite 331

Lexington, KY 40508

Defendant Attorneys

Carol Dan Browning

Attorney at Stites & Harbison, PLLC - Louisville

400 W. Market Street, Suite 1800

Louisville, KY 40202

Emily Larish Startsman

Attorney at Stites & Harbison PLLC - Lexington

250 W. Main Street, 2300 Lexington Financial Center

Lexington, KY 40507

Megan M. Egli

Attorney at Shook, Hardy & Bacon - Kansas City, MO

2555 Grand Boulevard

Kansas City, MO 64108

Kayla A. Brewe

Attorney at Shook, Hardy & Bacon - Kansas City, MO

2555 Grand Boulevard

Kansas City, MO 64108

Bryan T. Pratt

Attorney at Shook, Hardy & Bacon - Kansas City, MO

2555 Grand Boulevard

Kansas City, MO 64108

 

Court Documents

10 #2

Exhibit Exhibit B - Plaintiff's Response to Request for Admission

10 #1

Exhibit Exhibit A - Plaintiff's Answers to Interrogatories

#10

(#10) RESPONSE in Opposition re #9 MOTION to Dismiss by Stacy Blackburn MOTION to Remand by Stacy Blackburn filed by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc.. (Attachments: #1 Exhibit Exhibit A - Plaintiff's Answers to Interrogatories, #2 Exhibit Exhibit B - Plaintiff's Response to Request for Admission)(Startsman, Emily) (Entered: 01/10/2020)

9 #3

Exhibit Plan of Care, responses, Affidavit of McElwain, complaint

9 #2

Proposed Order

9 #1

Memorandum in Support

#9

(#9) MOTION to Dismiss by Stacy Blackburn , MOTION to Remand by Stacy Blackburn (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Hicks, Joshua) (Additional attachment(s) added on 12/23/2019: #3 Exhibit Plan of Care, responses, Affidavit of McElwain, complaint) (KJR). (Entered: 12/20/2019)

#8

(#8) ORDER: 1) The #6 & #7 Motions to Appear Pro Hac Vice are GRANTED. 2) Megan M. Egli & Kayla A. Brewe are granted leave to appear PHV for dfts Medtronic, Inc., Medtronic USA, Inc., Medtronic Sofamor Danek USA, Inc., Covidien Sales, LLC and Covidien Holding, Inc. in this action. 3) If during the pendency of this action, Megan M. Egli & Kayla A. Brewe are subject to any disciplinary action by any court, state, territory or the District of Columbia, they must immediately notify the Court and provide information necessary for the Court to evaluate whether continued admission in this case is appropriate. Signed by Judge Claria Horn Boom on 12/18/2019. (MDC) cc: COR; Order + ECF Registration Form mailed to attys Megan Egli & Kayla Brewe via regular mail. (Entered: 12/18/2019)

6 #2

Proposed Order

4 #2

Proposed Order

#4

(#5) ORDER: IT IS HEREBY ORDERED as follows: 1) The #4 Motion to Appear PHV is GRANTED. 2) Bryan T. Pratt is granted leave to appear PHV for Dfts Medtronic, Inc., Medtronic USA, Inc., Medtronic Sofamor Danek USA, Inc., Covidien Sales, LLC and Covidien Holding, Inc. in this action. 3) If during the pendency of this action, Bryan T. Pratt is disbarred, suspended from practice, is not in good standing with the Bar to which he is a member, or is subject to any other disciplinary action by any court, state, territory or the District of Columbia, he must immediately notify the Court and provide information necessary for the Court to evaluate whether continued admission in this case is appropriate. Signed by Judge Claria Horn Boom on 12/12/2019. (MDC) cc: COR (Entered: 12/12/2019)

#2

(#2) FRCP 7.1 DISCLOSURE STATEMENT by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. identifying Corporate Parent Medtronic plc for Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. (MDC) (Entered: 11/21/2019)

1 #5

Exhibit D - Pla's Responses to Requests for Admission

1 #4

Exhibit C - Itemized Costs of Services Statement

1 #3

Exhibit B - Pla's 11-12-19 Discovery Responses

1 #2

Exhibit A - State Court Record

1 #1

Civil Cover Sheet

#1

ANSWER to Complaint (Notice of Removal) by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. FILED IN STATE COURT RECORD. SEE #1 . (MDC) (Entered: 11/21/2019)

19 More Documents Available

 

Docket Entries

  • 01/10/2020
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  • (#10) RESPONSE in Opposition re #9 MOTION to Dismiss by Stacy Blackburn MOTION to Remand by Stacy Blackburn filed by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc.. (Attachments: #1 Exhibit Exhibit A - Plaintiff's Answers to Interrogatories, #2 Exhibit Exhibit B - Plaintiff's Response to Request for Admission)(Startsman, Emily) (Entered: 01/10/2020)

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  • 12/23/2019
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  • ***MOTION SUBMITTED TO CHAMBERS of Judge Boom for review: re #9 MOTION to Dismiss by Stacy Blackburn MOTION to Remand by Stacy Blackburn (KJR) (Entered: 12/23/2019)

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  • 12/23/2019
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  • NOTICE OF DOCKET MODIFICATION TO Joshua Hicks re #9 MOTION to Dismiss & MOTION to Remand by Stacy Blackburn; Error: Exhibits were filed together with the memorandum instead of as separate attachments. Entry by attorney; Clerk added the exhibits as separate attachments. In the future, file each exhibit separately from one another and separate from the main document. No further action required by counsel. cc: COR (KJR) (Entered: 12/23/2019)

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  • 12/20/2019
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  • (#9) MOTION to Dismiss by Stacy Blackburn , MOTION to Remand by Stacy Blackburn (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Hicks, Joshua) (Additional attachment(s) added on 12/23/2019: #3 Exhibit Plan of Care, responses, Affidavit of McElwain, complaint) (KJR). (Entered: 12/20/2019)

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  • 12/18/2019
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  • (#8) ORDER: 1) The #6 & #7 Motions to Appear Pro Hac Vice are GRANTED. 2) Megan M. Egli & Kayla A. Brewe are granted leave to appear PHV for dfts Medtronic, Inc., Medtronic USA, Inc., Medtronic Sofamor Danek USA, Inc., Covidien Sales, LLC and Covidien Holding, Inc. in this action. 3) If during the pendency of this action, Megan M. Egli & Kayla A. Brewe are subject to any disciplinary action by any court, state, territory or the District of Columbia, they must immediately notify the Court and provide information necessary for the Court to evaluate whether continued admission in this case is appropriate. Signed by Judge Claria Horn Boom on 12/18/2019. (MDC) cc: COR; Order + ECF Registration Form mailed to attys Megan Egli & Kayla Brewe via regular mail. (Entered: 12/18/2019)

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  • 12/17/2019
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  • ***MOTION SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: re #6 MOTION for Megan M. Egli to Appear Pro Hac Vice by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. ( Filing fee $125; receipt number 0643-4546662), #7 MOTION for Kayla A. Brewe to Appear Pro Hac Vice by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. ( Filing fee $125; receipt number 0643-4546672) (KM) (Entered: 12/17/2019)

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  • 12/17/2019
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  • BAR STATUS Check completed as to Megan M. Egli, Kayla A. Brewe re #6 MOTION for Megan M. Egli to Appear Pro Hac Vice by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. (Filing fee $125; receipt number 0643-4546662), #7 MOTION for Kayla A. Brewe to Appear Pro Hac Vice by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. (Filing fee $125; receipt number 0643-4546672). (KM) (Entered: 12/17/2019)

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  • 12/16/2019
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  • (#7) MOTION for Kayla A. Brewe to Appear Pro Hac Vice by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. ( Filing fee $125; receipt number 0643-4546672) (Attachments: #1 Affidavit, #2 Proposed Order)(Browning, Carol) (Entered: 12/16/2019)

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  • 12/16/2019
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  • (#6) MOTION for Megan M. Egli to Appear Pro Hac Vice by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. ( Filing fee $125; receipt number 0643-4546662) (Attachments: #1 Affidavit, #2 Proposed Order)(Browning, Carol) (Entered: 12/16/2019)

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  • 12/12/2019
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  • (#5) ORDER: IT IS HEREBY ORDERED as follows: 1) The #4 Motion to Appear PHV is GRANTED. 2) Bryan T. Pratt is granted leave to appear PHV for Dfts Medtronic, Inc., Medtronic USA, Inc., Medtronic Sofamor Danek USA, Inc., Covidien Sales, LLC and Covidien Holding, Inc. in this action. 3) If during the pendency of this action, Bryan T. Pratt is disbarred, suspended from practice, is not in good standing with the Bar to which he is a member, or is subject to any other disciplinary action by any court, state, territory or the District of Columbia, he must immediately notify the Court and provide information necessary for the Court to evaluate whether continued admission in this case is appropriate. Signed by Judge Claria Horn Boom on 12/12/2019. (MDC) cc: COR (Entered: 12/12/2019)

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2 More Docket Entries
  • 12/11/2019
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  • (#4) MOTION for Bryan T. Pratt to Appear Pro Hac Vice by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. ( Filing fee $125; receipt number 0643-4542898) (Attachments: #1 Affidavit, #2 Proposed Order)(Browning, Carol) (Entered: 12/11/2019)

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  • 11/20/2019
  • Conflict Check run. (MDC) (Entered: 11/21/2019)

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  • 11/20/2019
  • View Court Documents
  • (#2) FRCP 7.1 DISCLOSURE STATEMENT by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. identifying Corporate Parent Medtronic plc for Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. (MDC) (Entered: 11/21/2019)

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  • 11/20/2019
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  • ANSWER to Complaint (Notice of Removal) by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. FILED IN STATE COURT RECORD. SEE #1 . (MDC) (Entered: 11/21/2019)

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  • 11/20/2019
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  • SUMMONS Returned Executed via Certified Mail to Medtronic Sofamor Danek USA, Inc. served on 9/10/2019, answer due 10/1/2019. FILED IN SATE COURT RECORD. SEE #1 . (MDC) (Entered: 11/21/2019)

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  • 11/20/2019
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  • SUMMONS Returned Executed via Certified Mail to Covidien Sales LLC served on 9/10/2019, answer due 10/1/2019. FILED IN STATE COURT RECORD. SEE #1 . (MDC) (Entered: 11/21/2019)

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  • 11/20/2019
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  • SUMMONS Returned Executed via Certified Mail to Covidien Holding Inc. served on 9/17/2019, answer due 10/8/2019. FILED IN STATE COURT RECORD. SEE #1 . (MDC) (Entered: 11/20/2019)

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  • 11/20/2019
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  • SUMMONS Returned Executed via Certified Mail to Medtronic USA, Inc. served on 9/17/2019, answer due 10/8/2019. FILED IN STATE COURT RECORD. SEE #1 . (MDC) (Entered: 11/20/2019)

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  • 11/20/2019
  • View Court Documents
  • SUMMONS Returned Executed via Certified Mail to Medtronic, Inc. served on 9/17/2019, answer due 10/8/2019. FILED IN STATE COURT RECORD. SEE #1 (MDC) (Entered: 11/20/2019)

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  • 11/20/2019
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  • (#1) NOTICE OF REMOVAL from Fayette County Circuit Court, case number 19-CI-3214. ( Filing fee $400; receipt number 0643-4526600), filed by Medtronic USA, Inc., Medtronic Sofamor Danek USA, Inc., Covidien Holding Inc., Medtronic, Inc., Covidien Sales LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Record, #3 Exhibit B - Pla's 11-12-19 Discovery Responses, #4 Exhibit C - Itemized Costs of Services Statement, #5 Exhibit D - Pla's Responses to Requests for Admission)(MDC) (Entered: 11/20/2019)

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