6th Cir. Reinstates Defective Design, Inadequate Warning Claims in Pain Pump Case

CINCINNATI — A federal appeals court has reversed summary judgment for Breg Inc. on defective design and inadequate warning claims in a pain pump injury case, ruling that the trial court did not properly discuss Ohio’s consumer expectation test and therefore misapplied the law in determining the “foreseeable risks.” Krumpelbeck v. Breg Inc., No. 11-3726 (6th Cir.).

On Aug. 10, the Sixth Circuit U.S. Court of Appeals also ruled that a jury could conclude that the literature in existence at the time of the plaintiff’s surgery was sufficient to put Breg on notice of the risks associated with use of …