Misrepresentation, Fraud Claims Dismissed in Pain Pump Injury Action

RALEIGH, N.C. - A North Carolina federal judge has dismissed claims of negligent misrepresentation, fraud, breach of warranty and unfair and deceptive trade practices from a pain pump injury case, ruling that they were not pleaded with the requisite particularity. Rohlik v. I-Flow Corp., No. 10-173 (E.D. N.C.).

However, in the July 7 order, Chief Judge Louise W. Flanagan of the Eastern District of North Carolina allowed the claim for punitive damages to proceed, ruling that dismissal at this stage in the litigation would be premature.

Lissa Rohlik claims that the pain pump, which had been implanted in her left …