Products Liability Law Reporter
Verdicts & Settlements: Medical Products
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Defective design of cold therapy device
August 13, 2024Rebecca Mitrione, 21, underwent arthroscopic surgery to repair a torn meniscus and anterior cruciate ligament in her left knee. Her treating physician allegedly prescribed medicine and ice to manage postoperative pain and swelling and recommended different icing options, including a cold therapy device. After obtaining a Breg Polar Care Glacier cold therapy device, Mitrione allegedly followed the product’s written instructions and her postoperative instructions. She wore the device as much as possible, even while she slept. Despite following the instructions, Mitrione suffered a severe cold injury as a result of using the device continuously.
She sued Breg, Inc., alleging design defect, negligence, and defective warnings. The plaintiff claimed $105,000 in past medical expenses.
The jury awarded more than $8.48 million.
Citation: Mitrione v. Breg, Inc., No. 37-2019-00027996-CU-PL-CTL (Cal. Super. Ct. San Diego Cnty. May 16, 2024).
Plaintiff counsel: Frederic L. Gordon, San Diego; and Eric Pepperman, J. Randall Jones, and Madison S. Florance, all of Las Vegas.
