Suit Brought Against Pain Pump Maker Survives Dismissal in Ohio

CINCINNATI - An Ohio federal judge has refused to dismiss a complaint brought against a pain pump maker, ruling that the complaint falls within the statute of limitations and sufficiently pleads that the pump failed to conform to the representation made by the manufacturer. Troyer v. I-Flow Corp., No. 11-45 (S.D. Ohio).

On June 23, Senior District Judge S. Arthur Spiegel of the U.S. District Court for the Southern District of Ohio further ruled that plaintiff's punitive damages claim meets the Iqbal/Twombly standard by "providing factual allegations from which the court may plausibly infer a cause of action."

After a …