Claims Against Pain Pump Maker Not Preempted, Federal Judge Rules

MINNEAPOLIS - Negligent misrepresentation and fraud claims brought against I-Flow Corp. in a pain pump injury case are not preempted under Riegel v. Medtronic because the pump was a Class II device that did not receive premarket approval. Rossum v. I-Flow Corp., No. 09-3714 (D. Minn.).

On Aug. 1, Judge Joan N. Ericksen of the U.S. District Court for the District of Minnesota further ruled that the claims were pleaded with the requisite particularity.

In May 2005, Kimberly Rossum underwent shoulder surgery, performed by Dr. Phillip L. Prosapio. During the surgery, Dr. Prosapio installed the catheter tip of an I-Flow …