Ky. High Court Reinstates Heart Catheter Case, Says Claims Not Preempted
November 2, 2020
FRANKFORT, Ky. — The Kentucky Supreme Court has reinstated a case involving a heart catheter manufactured by a Johnson & Johnson subsidiary, ruling that under the state’s liberal pleading standard, the claims are not preempted because “they were used within the boundaries of the applicable federal regulations.”
In an Oct. 29 opinion, the court explained that under Kentucky law, “it is not necessary to state a claim with technical precision, as long as a complaint gives a defendant fair notice and identifies the claim,” which the plaintiffs have done in the instant case.
Clifford Russell underwent cardiac ablation on …