Law360, New York (August 18, 2011, 1:42 PM EDT) -- A Montana jury on Tuesday handed a victory to Breg Inc. in an orthopedic surgeon's lawsuit accusing the company of negligently manufacturing and selling a pain pump that severely injured his shoulder, in the first of dozens of such cases against Breg to reach trial.
Following a six-day trial and a day of deliberations, the seven-person federal jury found that the infusion pump's design was defective and unreasonably dangerous, but that Breg was ultimately not at fault because the device and its associated manufacturing, testing and labeling methods conformed to the state of the art at the time the product was sold....
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