Punitive Damages Claim Survives in Pain Pump Injury Case

MIAMI - A Florida federal judge has refused to dismiss a punitive damages claim in a pain pump injury case, ruling that the plaintiff alleges in his complaint actual knowledge of the danger posed by the device. Alfeo v. I-Flow LLC, No. 11-80837 (S.D. Fla.).

Judge Kenneth A. Marra of the U.S. District Court for the Southern District of Florida also allowed the plaintiff to replead his claim for attorney's fees.

John Alfeo claims he underwent shoulder surgery, after which his surgeon affixed an I-Flow ON-Q Painbuster pain pump to deliver a continuous dose of pain medication directly into the …