Judge Refuses to Dismiss Punitive Damages Claim

CLEVELAND - An Ohio federal judge has refused to dismiss a claim for punitive damages in a pain pump injury case, ruling that Stryker Corp. has not proffered evidence that it complied with the Food and Drug Administration's manufacturing and labeling requirements. Burdine v. Stryker Corp., et al., No. 10-1334 (N.D. Ohio).

On Jan. 19, Judge James G. Carr of the U.S. District Court for the Northern District of Ohio ruled that Ohio law requires manufacturers to prove that their device "was manufactured and labeled in relevant and material respects in accordance with the terms of FDA approval" in order …