Device Maker Prevails In Pain Pump Suit

By Leigh Kamping-Carder

Law360, New York (June 29, 2009, 12:00 AM ET) -- In the first decision to come out of dozens of similar suits, a federal judge has ruled in favor of medical device manufacturer Breg Inc., finding that an individual who suffered a breakdown of his shoulder cartilage did not provide enough evidence to link the condition to the defendant's shoulder pain pump.

Judge K. Michael Moore granted summary judgment to Breg in the U.S. District Court for the Southern District of Florida on Thursday, finding that Douglas Kilpatrick could not demonstrate “highly persuasive scientific evidence” regarding...
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