Breg Denied Summary Judgment in Colorado Pain Pump Case

DENVER - A Colorado federal judge has denied Breg Inc. summary judgment in a pain pump case, ruling that the plaintiff has shown that there are material facts as to whether the manufacturer knew or should have known that use of the device in the joint space could cause cartilage damage. Hackett v. Breg Inc., No. 10-1437 (D. Colo.).

On Oct. 3, Judge R. Brooke Jackson of the U.S. District Court for the District of Colorado ruled that trial should commence on the scheduled date of Nov. 7.

Eric Hackett underwent shoulder surgery on April 3, 2002, after which …