Idaho High Court Upholds Summary Judgment Award to Electrode Pad Maker

  • Order

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 …


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