CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.
During a trial in the Superior Court of California, County of Orange, a judge granted a motion of non-suit in favor of Breg, Inc. in a case involving a Breg Pain Care 3000 pain pump. William Stovall v. Breg, Inc., Superior Court of California, for the County of Orange – Civil Complex Center, Case No. 37-2011-00059728, Judge William Claster presiding.
William Stovall, age 31, claimed he developed chondrolysis in his left shoulder, a condition marked by the rapid and complete dissolution of the articular cartilage in a joint, following a June 21, 2005 surgery in which Breg's Pain Care 3000 was prescribed for his post-operative treatment of pain. Plaintiff alleged defects in the pain pump's design, claiming Breg, Inc. was strictly liable and had acted negligently by selling a faulty pump. Plaintiff also sought punitive damages
Breg, Inc. maintained its product was neither negligent in design or defective in performance or warnings, rather plaintiff's previous fractures and dislocations combined with the surgery overtightened and changed the biomechanics of the shoulder, leading to the degeneration of his cartilage.
The judge found that plaintiff could not prove defect, negligence, causation or punitive damages and granted a defense win at the close of plaintiff’s case.
Breg, Inc. was represented by Sandra Giannone Ezell of Bowman and Brooke LLP in Richmond, Virginia; Robert Wise, also of Bowman and Brooke LLP Richmond, Virginia; and, Jennifer Bullard of Bowman and Brooke LLP in Minneapolis, Minnesota.