Judge Admits FDA Statements in Ohio Pain Pump Injury Case

COLUMBUS, Ohio - An Ohio federal judge has denied Breg Inc.'s in limine motion to exclude statements made by the Food and Drug Administration concerning the intra-articular use of pain pumps. Musgrave v. Breg Inc. No. 2:09-01029 (S.D. Ohio).

On Sept. 28, Judge Gregory L. Frost of the U.S. District Court for the Southern District of Ohio ruled that these statements, which indicate that the FDA did not clear the devices for use in the joint space, are relevant because Breg asserts that its pain pumps were, in fact, cleared for intra-articular use.

In 2003, Kaid Musgrave injured his …