Breg Denied Summary Judgment in Pain Pump Case

PORTLAND, Ore. - An Oregon federal judge has denied Breg Inc. summary judgment in a pain pump injury case, finding issues of fact as to whether the manufacturer knew or should have known that the use of the device in the joint space could cause chondrolysis. Slavenski v. Breg Inc., No. 09-6241 (D. Ore.).

On July 11, Chief Judge Ann Aiken of the U.S. District Court for the District of Oregon respectfully disagreed with other courts that any danger from intra-articular pain pump use was "not knowable" prior to 2005 or 2006.

In November 2005 and March 2006, Matthew Slavenski …