Christina McClellan v. I-Flow Corporation

Christina McClellan appeals the judgment entered in favor of defendant-appel-lees after a jury trial. Defendant I-Flow Corporation cross-appeals the district court’s denial of costs. We vacate and remand for a new trial, and dismiss I-Flow’s cross-appeal as moot.

I. BACKGROUND

McClellan underwent two surgeries to repair her anterior labrum, located in the shoulder. After each surgery, she was prescribed continuous infusion of a painkiller, delivered through a PainBuster continuous infusion pump device. I-Flow manufactured the PainBuster and defendants DJO, LLC and DJO Incorporated (collectively, DJO) distributed and sold the PainBuster. A continuous infusion pump contains a portable medication reservoir attached to a catheter that delivers the medication to the site — here, to the shoulder joint.

During her recovery from the second surgery, McClellan’s physician diagnosed her with chondrolysis of the shoulder. This condition meant that McClellan suffered the loss of articular cartilage in her main shoulder joint (the glenohumeral joint). Articular cartilage provides a slick surface allowing bones to move easily. In McClellan’s case, it specifically allows the…