The Sixth Circuit ruled that a plaintiff’s warning and design defect claims in a shoulder injury may proceed, overturning an entry of summary judgement.
This is a big win in a tough case on behalf of a 17 year-old girl who used a pain pump after arthroscopic surgery on her shoulder. Her doctor chose a Breg Pain Care 4200 pain pump to control the Plaintiff’s pain for four days after the surgery. The Plaintiff suffered from glenohumeral chondrolysis, a condition in which the shoulder cartilage is permanently destroyed, as a result, allegedly, of her use of the Breg pain pump that will necessitate multiple shoulder replacements for this young girl in the future. Awful, right?
You can read the full opinion in Krumpelbeck v. Breg here.