Breg Denied Summary Judgment on Negligence, Failure-To-Warn Claims

SIOUX FALLS, S.D. - A South Dakota federal judge has denied summary judgment to a pain pump manufacturer on negligence and strict product liability claims, finding issues of fact as to whether Breg Inc. knew its pump could cause injury when used in the joint space. Koch v. Breg Inc., No. 08-4193 (D. S.D.).

On Dec. 20, Chief Judge Karen E. Schreier of the U.S. District Court for the Southern District of South Dakota granted Breg summary judgment on the punitive damages claim, however, finding no evidence that the manufacturer acted maliciously.

In August 2005, Kelly Koch underwent arthroscopic surgery …