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Schachter, Hendy & Johnson, Attorneys At Law

Victory in Ohio Pain Pump Case for knee chondrolysis

Posted on Jan 21, 2011
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."

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