In Krumpelbeck v. Breg, Inc. (Case No. 11-3726), the Sixth Circuit ruled that a plaintiff’s claims for defective design and failure to warn regarding a pain pump manufactured by Breg, Inc. could go to a jury. Interestingly, the court permitted the claims to continue based on literature regarding harm of the same general nature as … Continue Reading
The Sixth Circuit has become the first circuit to weigh in on the scope of the Supreme Court’s recent decision on federal preemption in Wyeth v. Levine, 129 S. Ct. 1187 (2009). Here’s the background: Mary Buchanan began taking Wyeth’s prescription diet drug Redux in 1996. She was diagnosed with primary pulmonary hypertension (“PPH”) in 2001 … Continue Reading
