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Skechers to pay $40 million for false claims about toning shoe benefits
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Reebok EasyTone and RunTone shoes false claims lawsuit
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Kentucky Car Accidents and Drowsy Driving
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What Are Some of the Reported Problems with Pain Pumps?
Kimberly Clark subsidiary I-Flow sues doctor for using its pain pump product
Daubert Motion in Pain Pump Case Found for Plaintiff
Shoulder Pain Pump Manufacturer I-Flow Settles Lawsuits
Shoulder Pain Pump Manufacturers Have Been Silent
After a Defective Fentanyl Pain Patch Causes Injuries or Death of a Loved One
Many report injuries from Skechers to the Consumer Product Safety Commission
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I-Flow pain pump maker sues doctor for using product...
Ohio law firm settles pain pump cases...
Victory in Ohio Pain Pump Case for knee chondrolysis...
Tighter Oversight for Pain Pumps and Other Medical Devices...
Two Recent Studies Show Possible Dangers of Pain Pumps...
Chondrolysis Results in 18 Cases Involving Shoulder Pain Pumps...
Pain Pumps Misused in Young Female Athletes' Knees...
Five Shoulder Pain Pump Settlements in Ohio...
Shoulder Pain Pumps Result in Lawsuits...
At Least 104 Federal Pain Pump Cases in 28 Distinct Federal Courts...
A Closer Look at Defective Pain Pumps and Quality Control Issues
PAGCL & Shoulder Pain Pumps: What a Recent Study Reveals
Recent News Regarding Pain Pump Cases
Pain Pumps Used After Knee Surgery Can Cause Damage
Know the Symptoms of PAGCL, Especially if You Used a Shoulder Pain Pump
On January 20, 2011, Judge Graham of the United States District Court for the Southern District of Ohio in Columbus entered an Order denying summary judgment in favor of the manufacturer of a pain pump that caused injury to two young female athletes. Breg manufactured the pain pumps that infused local anesthetic into the joint space of the knees of the two Plaintiffs. Plaintiffs filed a lawsuit alleging that Breg knew this use of their product was denied on multiple occassions by the FDA, yet marketed and promoted to doctors for this use anyway. Breg asked the Court to dismiss the case on the grounds that they had no duty to warn doctors against this dangerous use of their product. In denying the motion to dismiss the case, the Court noted that:
"Insofar as Ohio Rev. Code 2307.75 imposes liability for defective design based on a risk benefit analysis in which the risk is defined as "foreseeable" and a balancing which includes "the nature and magnitude of the risks of harm" and "the likelihood that the design or formulation would cause harm" and the extent to which the design is "more dangerous than a reasonably prudent consumer would expect" it seems clear that the plaintiffs' evidence described above could also lead a reasonable jury to find that defendant's product was defective in design."
Schachter, Hendy & Johnson, Attorneys At Law
909 Wrights Summit Parkway
Suite 210
Fort Wright, KY 41011
Phone: (859) 578-4444
Fax: (859) 578-4440
Toll Free: (888) 606-5297
Get Directions
Schachter, Hendy & Johnson, Attorneys At Law
909 Wrights Summit Parkway
Suite 210
Fort Wright, KY 41011
Phone: (859) 578-4444
Fax: (859) 578-4440
Toll Free: (888) 606-5297