11th Circ. Affirms Breg Pain Pump Suit Dismissal

Law360, New York (August 13, 2010, 1:10 PM EDT) -- A federal appeals court has affirmed a lower court's decision to exclude expert witness testimony in a lawsuit brought by a man who alleged his shoulder cartilage was damaged by a pain pump made by Breg Inc.

A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit said Thursday that the lower court did not abuse its discretion by excluding the testimony of orthopedic surgeon Dr. Gary Poehling in the suit brought by Douglas Kilpatrick. The exclusion of the testimony led to the...
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