Suit Against Pain Pump Maker Survives Dismissal in Kentucky

PIKEVILLE, Ken. - Negligence and strict liability claims brought against the maker of a pain pump are not time-barred under Kentucky law because the plaintiff could not have reasonably discovered that her alleged injuries were caused by the device until 2009, a federal judge has ruled. Whalen v. Stryker Corp., No. 10-391 (E.D. Ken.).

On March 8, Senior Judge Karl S. Forester of the U.S. District Court for the Eastern District of Kentucky further ruled that the plaintiff's fraud and negligence claims were pleaded with the requisite particularity.

In June 2006, Cheryl Whalen underwent arthroscopic shoulder surgery, during which her …