Federal Judge Grants Breg Summary Judgment on Pain Pump Claims

DENVER - A Colorado federal judge has granted Breg Inc. summary judgment on pain pump injury claims, ruling that medical articles available at the time of the plaintiff's surgery would not have put the manufacturer on notice of the risks posed by the intra-articular use of pain pumps. Pavelko v. Breg Inc., No. 09-1461 (D. Colo.).

On Feb. 28, Judge Philip A. Brimmer of the U.S. District Court for the District of Colorado also ruled that the plaintiff failed to provide expert evidence to support her claim that Breg's testing of the device was inadequate.

In June 2003, Dr. John …