Breg Denied Summary Judgment on Timeliness Issue in Arizona Pain Pump Case

PHOENIX — An Arizona federal judge has denied Breg Inc. summary judgment on statute of limitations grounds in a pain pump action, ruling that an issue of fact exists as to the discovery of their claim against the manufacturer.

On July 20, Judge John J. Tuchi of the U.S. District Court for the District of Arizona concluded that a jury should decide whether plaintiffs “knew or with the exercise of reasonable diligence could have known” the identity of the correct defendant.

Thomas Weissmueller underwent shoulder surgery on March 27, 2006, after which surgeon D. David Bailie inserted a pain …