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June 29, 2009

Continuous Infusion Pain Pump Case Dismissed

Judge K. Michael Moore of the United States District Court for the Southern District of Florida granted summary judgment for the defendant in Kilpatrick v. Breg, Inc.Download Kilpatrick - Order for SJ, one of about 200 continuous infusion pain pump cases currently pending in various state and federal courts across the country.  The case was set to begin jury trial on July 6, 2009.  Like other plaintiffs in these cases, Kilpatrick alleged that the continuous infusion of local anesthetic into his shoulder joint by pain pump caused him to develop post-arthroscopic glenohumeral chondrolysis ("PAGCL"), a condition marked by the rapid deterioration of the cartilage of the shoulder.  Judge Moore granted summary judgment after ruling that Kilpatrick's causation evidence and testimony from his medical causation expert Gary Poehling, M.D., were inadmissible under Daubert v. Merrell Dow Pharm., because the cause of PAGCL continues to elude the scientific and medical communities.  Because Kilpatrick could not prove that the pain pump could or did cause his PAGCL, Judge Moore granted summary judgment and dismissed the case on its merits.  

 

JDP

June 29, 2009 | Permalink

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