Federal Court to Consider Consolidation of Shoulder Pain Pump Litigation
Published: July 30th, 2008 • Comments: 5
Tomorrow the United States Judicial Panel on Multidistrict Litigation will hear arguments on motions filed to consolidate all Federal shoulder pain pump litigation before one court for pre-trial proceedings.
A number of product lawsuits have been filed in different federal courts throughout the country against the manufacturers of infusion pain pumps, including DJO, Inc, I-Flow Corp, Breg Inc and Stryker Corp. These cases allege that the intra-articular use of the pain pumps after arthroscopic shoulder surgery causes a severe and debilitating condition known as Post-arthroscopic Glenohumeral Chondrolysis (PAGCL).
Lawyers for the plaintiffs will argue that the shoulder pain pump litigation should be consolidated for discovery and pre-trial motions before one judge. A federal procedure, known as multidistrict litigation or MDL, allows for the consolidation of pending civil cases which have a common background. It is common to see an MDL formed in complex product liability cases, as it allows one judge to over see the cases and avoids inconsistent pre-trial rulings. If the cases do not resolve during the pre-trial proceedings, they would be sent back to the original court they were filed in for trial.
The Judicial Panel on Multidistrict Litigation will decide whether the cases should be centralized in the United States District Court for the Eastern District of Kentucky or the United States District Court for the District of Oregon, as two different plaintiffs have filed motions. The hearing is scheduled for July 31, 2008, at the Phillip Burton U.S. Courthouse in San Francisco, California.
According to the scheduling order posted on the Judicial Panel’s website, there are 14 different shoulder pain pump lawsuits currently pending in federal courts throughout the country. Seven of the cases were filed in the District of Oregon and one case each in the District of Utah, Eastern District of New York, District of Minnesota, Eastern District of Kentucky, Southern District of Indiana, District of Colorado and Northern District of Alabama.
The complaints allege that the pump manufacturers encouraged doctors to use the devices to directly infuse pain medication into the shoulder joint, known as intra-articular use, following post arthroscopic surgery. This is not a use that is approved by the FDA, as it has not been determined to be safe and effective in clinical trials.
Researchers have connected the intra-articular use of the shoulder pain pumps after arthroscopic surgery to the development shoulder chondrolysis, where cartilage in the shoulder deteriorates. This results in extreme pain, limited range of motion and often necessitates a shoulder replacement surgery.
Individuals who develop the shoulder chondrolysis often develop a new onset of pain during the weeks after surgery as they begin to use the shoulder more. Symptoms can include stiffness, pain at motion and at rest, and crackling sounds in the shoulder caused by the lack of cartilage.
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Comment by Lynn on 12 March 2009:
have not been the same since Shoulser Surgery Nov 12 09 and had Pain Pump are there certain ones that are causing all these problems? Two weeks after surgery Doctor sent me to theraphy then theraphy made me feel worse, Doctor then sent me to Pain specialist they have done MRI”s, first on neck to spine, found from2-7 is messed up and now waiting on MRI results taken of shoulder by Pain specialists, I have so many problems with my spine I never new I had until now and I am waiting MRI results on my shoulder not sure what to exspect but I do know for sure my shoulder has not been the same since the surgery and I kept telling everyone SOMETHING IS WRONG.
Comment by James on 4 November 2009:
I have had 3 surgeries on my left shoulder and have signed with attorneys and my shoulder is going downhill fast, i pray for the day im pain free, but hoping hasnt fixed it yet, apparently they filed the case in california on 10-23-09 and i am hopeful that it comes to a quick resolve cuz my pain aint going away and im having another surgery late this month or early next month, plus more therapy and more time off work. Stryker pain pump should be ashamed of themselves and should own up and take care of the people they hurt by ignoring the FDA warning.. they lied….
Comment by JOHN on 11 March 2010:
I HAVE HAD 3 SURGERYS SO FAR ON MY LEFT SHOULDER, I HAVE A PHOTO FROM MY LAST SURGEON SHOWING A SPOT ON MY JOINT WERE THE CARTILAGE IS GONE. I’M IN PAIN EVERY HOUR OF THE DAY & NIGHT.I TAKE PAIN MEDS TO GET BY EACH DAY,NOW I’M BEING TOLD I’LL NEED A TOTAL REPLACEMENT. THIS HAS CHANGED MY LIFE & I HAVE NO IDEA WHATS COMING DOWN THE ROAD AS I GET OLDER.I’M 54