Civil Conspiracy Claim Survives Dismissal in Pain Pump Action

PORTLAND, Ore. - A civil conspiracy claim brought against the manufacturer and distributor of a pain pump survives dismissal because the plaintiff sufficiently alleged that the purpose of the conspiracy was to cause harm, an Oregon federal judge has ruled. Price v. DJO LLC., et al., No. 10-1278 (D. Ore.).

On April 4, Judge Ann Aiken of the U.S. District Court for the District of Oregon ruled that although the claim is unlikely to succeed, it was pleaded in accordance with Oregon law and discovery may proceed.

In October 2003, Brian Price underwent arthroscopic shoulder surgery, after which a surgeon …