Plaintiff's Non-Economic Damages Capped, Federal Judge Rules

COLUMBUS, Ohio - An Ohio federal judge ruled that a pain pump plaintiff's non-economic damages should be capped pursuant to the Ohio Revised Code § 2315.18(B)(2) because the statute went into effect before the plaintiff filed this action. Musgrave v. Breg Inc. No. 2:09-01029 (S.D. Ohio).

In a Nov. 4 ruling on Breg Inc.'s motion for reconsideration, Judge Gregory L. Frost of the U.S. District Court for the Southern District of Ohio held that the claims accrued when the suit was filed, rather than when his alleged injury took place, therefore the statute applies.

In 2003, Kaid Musgrave injured his …