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NY Judge Refuses To Dismiss Part of I Flow Pain Pump Lawsuit

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A lawsuit filed by Christopher Varveris against Orthopaedic and Sports Associates of Long Island, P.C., Salvatore J. Corso, M.D., and I-Flow, Inc., has resulted in an action by I-FLOW CORPORATION to dismiss several causes of action.

The lawsuit was filed by Varveris after he suffered personal injury stemming from two arthroscopic Bankart reconstructive surgeries to his left shoulder. The injuries sustained from the second surgery, in which an intra-articular pain pump, manufactured by I-FLOW, are the focus of the motion.

The lawsuit alleges strict products liability, design defect; failure to warn; negligent manufacture and distribution; punitive damages; breach of express warranties; breach of implied warranties; fraudulent misrepresentation; fraudulent concealment; and violation of State consumer fraud and deceptive trade practices.

Varveris alleged that I-FLOW put a device on the market that was inherently dangerous and defective, and that the company failed to warn that the safety of the pain pump and medication used in it had not been established for use in the shoulder. The lawsuit also claims that the pain pump label failed to disclose potential risks, provide adequate instruction, or disclose FDA rejections.

I-Flow argued that the Pain Pump belongs in a class of “‘unavoidably unsafe products” which are not considered defective or unreasonable dangerous, as long as they include proper directions for use, and adequate warnings of potential side effects. However, the Court found that an “unavoidably unsafe” product does escape liability, unless the product has proper warnings and directions. Therefore, based on plaintiffs complaints regarding the manufacturers failure to include adequate warning and proper directions, the cause of action was upheld.

I-FLOW sought to dismiss the strict products liability and breach of express warranties actions based on the statute of limitations, however, the court found that neither cause of action was time-barred.

I-FLOW also sought to dismiss the charges for punitive damages, fraudulent misrepresentation, fraudulent concealment, and violations of state consumer fraud and practices. The Court granted the dismissal of the listed causes of action. However, the Court denied the company’s motion to dismiss the strict products liability and breach of express warranties causes of action.

breakinglawsuitnews.com disclaimer: This article: NY Judge Refuses To Dismiss Part of I Flow Pain Pump Lawsuit was posted on Thursday, November 10th, 2011 at 11:28 pm at breakinglawsuitnews.com and is filed under Defective Drug Lawsuits.

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