Idaho High Court Upholds Summary Judgment Award to Electrode Pad Maker
June 17, 2021
BOISE, Idaho — The Idaho Supreme Court has upheld an award of summary judgment to DJO Global Inc. in a case in which a woman alleged she was burned by one of its electrode pads during electrotherapeutic treatment, ruling that the plaintiff failed to present evidence of a defect in the device.
In a June 9 order, the court ruled that that neither the “malfunction theory” nor the res ipsa loquitur doctrine relieved the plaintiff of her requirement to produce evidence of a defect.
Linda Black sustained second-degree burns while undergoing treatment with a Rich-Mar Muscle Stimulator that included DJO’s …