Claims in Pain Pump Case are Not Time-Barred, Judge Rules

PHOENIX - An Arizona federal judge has dismissed a conspiracy claim in a pain pump injury case, but allowed the remaining claims to proceed, ruling that according to the face of the complaint, they are not time-barred. Racz v. I-Flow Corp., et al., No. 10-0133 (D. Ariz.).

Judge G. Murray Snow of the U.S. District Court for the District of Arizona ruled that the plaintiff sufficiently alleged that she could not reasonably have discovered a connection between the pump and her shoulder pain until 2008.

In April 2003, Melanie Racz underwent arthroscopic surgery on her right shoulder and the surgeon …