Breg Denied Summary Judgment in Pain Pump Case

MINNEAPOLIS — A Minnesota federal judge has denied Breg Inc. summary judgment on claims that it failed to warn of the risks associated with the intra-articular use of its pain pumps, finding an issue of fact as to whether the plaintiff’s surgeon would have heeded such a warning.

On Sept. 18, Judge John R. Tunheim of the U.S. District Court for the District of Minnesota found the plaintiff has raised a genuine issue of material fact as to whether an adequate warning might have prevented his injuries.

Michael Bonander underwent shoulder surgery in December 2003. During the surgery, Dr. Peter …