Breg Denied Summary Judgment in Pain Pump Injury Case

CINCINNATI - An Ohio federal judge has denied Breg Inc. summary judgment on claims that the intra-articular use of its pain pump can cause chondrolysis, finding that expert testimony creates an issue of fact as to whether Breg should have conducted further testing before marketing the device for orthopedic use. Hamilton v. Breg Inc., No. 09-146 (S.D. Ohio).

Judge James L. Graham of the U.S. District Court for the Southern District of Ohio also agreed to admit deposition testimony by plaintiffs' expert Dr. Suzanne Parisian.

Brittany Hamilton and Colleen McLain alleged that Breg pain pumps that had been surgically inserted …