CHLOPEK v. FEDERAL INS. CO.

No. 06-2927.

499 F.3d 692 (2007)

Denise C. CHLOPEK and Jaron M. Chlopek, Plaintiffs-Appellants, v. FEDERAL INSURANCE COMPANY and Breg, Incorporated, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 28, 2007.


Attorney(s) appearing for the Case

J. Drew Ryberg (argued), Ryberg & Happe, Eau Claire, WI, for Plaintiffs-Appellants.

Kim M. Schmid (argued), Bowman & Brooke, Minneapolis, MN, for Defendants-Appellees.

Before POSNER, KANNE, and ROVNER, Circuit Judges.


ROVNER, Circuit Judge.

Denise and Jaron Chlopek sued Breg, Incorporated, the manufacturer of the Polar Care 300, a device that delivers cooling therapy to postoperative patients. After nearly ten days of continuous use of the device on her right foot, Denise experienced decreased blood flow and tissue damage in her right big toe. The Chlopeks alleged that the Polar Care 300 was defective because it contained no warning about the dangers of continuous use. However...

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