Express Warranty Claim to Proceed in Pain Pump Injury Case

ALEXANDRIA, La. — A Louisiana federal judge has denied I-Flow Corp.’s motion to dismiss a breach of express warranty claim in a pain pump injury case, ruling that the plaintiff adequately alleged that the manufacturer made an express warranty that induced the plaintiff to use the device and suffer damages as a result. Evans v. I-Flow Corp., No. 11-777 (W.D. La.).

However, in a May 31 order, Judge James T. Trimble Jr. of the U.S. District Court for the Western District of Louisiana granted I-Flow’s motion to dismiss plaintiff’s purported claim for punitive damages, noting that it is barred under …