Potter v. Ethicon, Inc. et al, No. 1:2020cv00095 - Document 32 (D. Mont. 2021)
Court Description: ORDER granting in part and denying in part 14 Motion to Dismiss for Failure to State a Claim. READ ORDER FOR DETAILS. Signed by Judge Susan P. Watters on 2/19/2021. (AMC)
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Potter v. Ethicon, Inc. et al Doc. 32 Case 1:20-cv-00095-SPW Document 32 Filed 02/19/21 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION KIM POTTER, CV 20-95-BLG-SPW Plaintiff, ORDER RE DEFENDANTS' vs. MOTION TO DISMISS ETHICON,INC. and JOHNSON & JOHNSON, Defendants. Before the Court is Defendants Ethicon, Inc. and Johnson & Johnson's motion for dismissal ofPlaintiff Kim Potter's Complaint for failure to state a claim, filed on September 1, 2020.(Doc. 14). Plaintiff opposed the motion in a response filed September 15, 2020.(Doc. 20). Defendants replied on September 29, 2020.(Doc. 24). The motion is now deemed fully briefed and ripe for adjudication. For the following reasons. Defendants' motion is granted in part and denied in part. I. BACKGROUND Kim Potter underwent surgery on March 31, 2010,to have a Gynemesh Prolene PS device implanted. The Gynemesh device is manufactured by Ethicon, 1 Dockets.Justia.com Case 1:20-cv-00095-SPW Document 32 Filed 02/19/21 Page 2 of 8 Case 1:20-cv-00095-SPW Document 32 Filed 02/19/21 Page 3 of 8 Case 1:20-cv-00095-SPW Document 32 Filed 02/19/21 Page 4 of 8 Case 1:20-cv-00095-SPW Document 32 Filed 02/19/21 Page 5 of 8 Case 1:20-cv-00095-SPW Document 32 Filed 02/19/21 Page 6 of 8 Case 1:20-cv-00095-SPW Document 32 Filed 02/19/21 Page 7 of 8 Case 1:20-cv-00095-SPW Document 32 Filed 02/19/21 Page 8 of 8
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