Judge Dismisses Conspiracy Claims Against Non-Manufacturer in Pain Pump Case

PHOENIX - A federal judge has dismissed a civil conspiracy claim brought against a non-manufacturer competitor in an I-Flow pain pump injury case, ruling that the claim is not an independent tort. Placencia v. I-Flow Corp., No. 10-2520 (D. Ariz.).

On April 11, Judge David G. Campbell of the U.S. District Court for the District of Arizona ruled that even if the competitor's promotional acts violated the Food Drug and Cosmetic Act, Section 337(a) of the act bars private enforcement of the statute.

Gilbert Placencia underwent shoulder surgery, after which the surgeon inserted an I-Flow pain pump into the shoulder …