Judge Refuses to Strike Punitive Damages Claim in Pain Pump Case

CHICAGO - A federal judge has refused to strike plaintiffs' claim for punitive damages in a pain pump injury case, ruling that California law, which allows such claims, applies to the claim. Smith, et ux. v. I-Flow Corp., No. 09-3908 (N.D. Ill.).

On Nov. 29, Judge Matthew F. Kennelly of the U.S. District Court for the Northern District of Illinois ruled that California has the greatest interest in this case because that is where the defendant, I-Flow Corp., is headquartered.

In January 2006, Amanda Smith underwent arthroscopic surgery to her left shoulder, during which her doctor affixed an I-Flow PainBuster …