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Plaintiff v. Medical Equipment Company

March 2012

Sedgwick obtained a favorable appellate ruling on behalf of our client, a medical equipment company, before the Ninth Circuit Court of Appeals. The plaintiff alleged that he suffered a rapid loss of shoulder cartilage after he was treated with our client's pain pump to manage post-arthroscopic surgery pain.  Sedgwick showed that our client had no knowledge, nor should it have had knowledge, that there were any risks of harm to cartilage related to the use of the device.  We also showed that the surgeon did not rely on any information from our client in making his treatment decision to use the device.  Summary judgment in favor of our client was affirmed.