Breg Denied Summary Judgment in Ohio Pain Pump Action

COLUMBUS, Ohio - An Ohio federal judge has denied Breg Inc. summary judgment on claims of defective design, inadequate warning and fraud in a pain pump injury action, ruling that issues of material fact exist as to whether the manufacturer knew or should have known by 2003 that the intra-articular use of its device could cause chondrolysis. Musgrave v. Breg Inc. No. 2:09-01029 (S.D. Ohio).

On Sept. 2, Judge Gregory L. Frost of the U.S. District Court for the Southern District of Ohio also denied the manufacturer summary judgment on plaintiffs' claim of failure to conform to representations and their …