Shoulder Pain Pump Lawsuit Consolidation Petition Denied
In an order issued last week, the United States Judicial Panel on Multidistrict Litigation denied a petition to consolidate all federal lawsuits filed on behalf of individuals who developed shoulder chondrolysis after using a pain pump following arthroscopic shoulder surgery.
Over 30 lawsuits have been filed in various federal courts throughout the country against the manufacturers of infusion pain pumps and various anesthetic drugs, alleging that the devices caused the development of a painful and debilitating condition where the cartilage in the shoulder is destroyed.
In May 2008, the attorneys for several individuals who are pursuing a should pain pump lawsuit filed a petition to have all cases involving the development of shoulder chondrolysis from the pumps consolidated before one judge, as part of a coordinated process known as an MDL, or multidistrict litigation. It is common to see an MDL formed when there are multiple federal lawsuits involving common underlying facts.
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Learn MoreA special body within the United States Federal Court System, the Judicial Panel on Multidistrict Litigation, has the power to transfer similar pending suits from multiple districts to a single judge in a single jurisdiction for pretrial proceedings. Following a hearing last month in San Francisco, the panel determined that centralization was not appropriate in the shoulder pain pump litigation, and would not serve the convenience of the parties and witnesses or further the interests of judicial economy.
“Although these personal injury actions have some commonality as to whether shoulder pain pumps and/or the anesthetic drugs used in those pumps cause glenohumeral chondrolysis, an indeterminate number of different pain pumps made by different manufacturers are at issue, as are different anesthetic drugs made by different pharmaceutical companies,” wrote Judge John G. Heyburn, II, chairman of the Panel on Multidistrict Litigation, in the order.
Shoulder chondrolysis, also known as post-arthroscopic glenohumeral chondrolysis or PAGCL, is a rare condition that involves the progressive loss of cartilage in the shoulder joint. Research has suggested that the intra-articular use of shoulder pumps to deliver a combination of medications to manage pain after arthroscopic surgery, could cause this painful and debilitating condition. The cartilage damage is permanent, resulting in severe limitations on range of motion and use of the shoulder. In many cases, individuals who develop PAGCL require a total shoulder replacement surgery.
At least 28 different corporations and medical providers are named as defendants in the various shoulder pain pump lawsuits filed in federal court, including Stryker Corp., I-Flow Corp., Smith & Nephew, Inc., DePuy, Inc., DJO, Inc., Breg, Inc. and AstraZeneca PLC, to name a few. At the July hearing where arguments were considered on the petition to consolidate, all of the defendants named in a shoulder chondrolysis lawsuit opposed the consolidation.
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24 Comments
lindaNovember 12, 2010 at 8:01 am
My first surgery was in 2006. There was so much pain medication used in my first surgery I could not feel my lungs breathing was near impossible and my vocal coards were comprimised and was unable to speak for 10-12 hrs.Time for my second surgery i requested they not use it again but my Dr. assured me they would not use as much medication and agreeded that to much was used and that was why I suffe[Show More]My first surgery was in 2006. There was so much pain medication used in my first surgery I could not feel my lungs breathing was near impossible and my vocal coards were comprimised and was unable to speak for 10-12 hrs.Time for my second surgery i requested they not use it again but my Dr. assured me they would not use as much medication and agreeded that to much was used and that was why I suffered the side affects.Although my injury was serious I am in worse condition now than ever.My pain is constant and life is over as I knew it. Many Drs. don't think about this as on going pain and continue to treat with pain meds cortizone and P.T. and get no where.I am at least happy to find some answers at least now we can deal with the problem. Pain is no fun. .
RobOctober 12, 2010 at 4:24 am
Stryker pain pump spaecial here. Took ten months to develop spurs after a Labrum repair. It went downhill from there. Had to retire early, lost everything, cant work, then had the big cleanout surgery in 09. No cartilage now, and that means constant, sometimes intense pain. I am relieved and shocked to know that so many others fit in my shoes. Trust me, I understand your pain.
cherryAugust 27, 2010 at 2:45 am
I have has two surgery on my left shoulder for t-ligament and it still want stop give me pain all the nervous are gone in the middle part of my arm.I cann't left anything.I when to reb for six mouth the frist surgery and the second surgery three mouth and the doc stop the reb so now the doc want me to go back to work and i am still in pain most the time. I am a nurse assist and no i cann't do j[Show More]I have has two surgery on my left shoulder for t-ligament and it still want stop give me pain all the nervous are gone in the middle part of my arm.I cann't left anything.I when to reb for six mouth the frist surgery and the second surgery three mouth and the doc stop the reb so now the doc want me to go back to work and i am still in pain most the time. I am a nurse assist and no i cann't do job any more but .I have to pay bill so i have do something but what! I no life isn't fair for me.
TomAugust 5, 2010 at 6:30 pm
The doctors, hospitals and manufacturers of these products all knew of the potential damages and bad results from previous usage of pain pumps but continued to dispense and utilize these devices...there should be PUNITIVE DAMAGES...this has ruined MANY lives!!!!!
MelyndaJanuary 2, 2010 at 5:18 pm
Yeah well, I had surgery on my shoulder back in 2001 and they also added a pain pump. When the meds finished in the pump, my kid (who was 10 at the time) pulled out the tube that was in my shoulder and there was like 4 feet of tubing in there. Here I was a single mom with three kids and my kid had to be my nurse. Since then, I had another operation on there because the shoulder froze up and the sh[Show More]Yeah well, I had surgery on my shoulder back in 2001 and they also added a pain pump. When the meds finished in the pump, my kid (who was 10 at the time) pulled out the tube that was in my shoulder and there was like 4 feet of tubing in there. Here I was a single mom with three kids and my kid had to be my nurse. Since then, I had another operation on there because the shoulder froze up and the shaved part of my clavicle for no good reason. I went through four years of intense PT to get range of motion back but I still don't have full range of motion and for the past 8 years I wake up every morning with that tingling sensation like low circulation going from the shoulder to my fingers. Freaking suck when it takes a half hour to get feeling back in your arms.
johnnyDecember 27, 2009 at 3:08 am
I had surgery on 4-11-2008 in dec. 26 2008 my shoulder pop. I have had pain ever since I went and had x-rays,mri and seen a neuorolgist which was the most helpful he told my shoulder was really messed up the doctor that took thex-rays want tell me anythingi ask him to show me where the pagcl is in the pictures he said let's worry about that later I have lost everythingdont know what to do anymore [Show More]I had surgery on 4-11-2008 in dec. 26 2008 my shoulder pop. I have had pain ever since I went and had x-rays,mri and seen a neuorolgist which was the most helpful he told my shoulder was really messed up the doctor that took thex-rays want tell me anythingi ask him to show me where the pagcl is in the pictures he said let's worry about that later I have lost everythingdont know what to do anymore can't work have two children I pay child support on that I can't pay rite now a judge has put a warrant out for my arrest after I showed him all the medical records say I will never work construction again and did to go to a teaching corse to learn how to do something else I'm scared I miss my kids I hate my life my heart goes out to every one who is going threw this I hope you get more help than I got
KristinaOctober 4, 2009 at 6:54 am
I used two of the pain pumps in question and have had six total shoulder surgerys the last being a total replacement of my shoulder and am scheduled for my seventh surgey this month. I lost over 70% of my cartlige and have been in constent pain since 2004. I lost my job due to my loss of function and numerous surgeys. Thank god I have a wonderful surgeon.
ShellyAugust 12, 2009 at 8:55 pm
My son Travis, had shoulder surgery in Newburg OR. after dislocating it in High School in 1999 he had a pain pump inserted during surgery and has had a partial shoulder replacement since then. He was dropped by his insurance and is still in severe pain. He was only 18 and now nearly 28 and unable to function or sleep through the night. We are devestaded.
JohnJune 29, 2009 at 2:37 pm
I had shoulder surgery in Feb of 2009 torn totater cuff, the "stryker" painpump was inserted at surgery, five months after surgery I still have pain in my shoulder evern when i'm not moving it, there is grinding and popping in the shoulder, which at times hurts like hell, and that shoulder is not as strong as it should be. I have another appointemt this month with the doctors office., I hope he [Show More]I had shoulder surgery in Feb of 2009 torn totater cuff, the "stryker" painpump was inserted at surgery, five months after surgery I still have pain in my shoulder evern when i'm not moving it, there is grinding and popping in the shoulder, which at times hurts like hell, and that shoulder is not as strong as it should be. I have another appointemt this month with the doctors office., I hope he or his associate can address these problems., my next move witll be to contact an attorney.
LacyJune 25, 2009 at 7:51 pm
My husband has had 3 shoulder surgeries. And now after having the pump all 3 times. His arm barley works any more. He has muscle death. The cartilage is non exsistant but there is plenty of arthritis and popping, grinding, stiffness, and hurts him to no end. Now he has to have a full shoulder replacement. PAGCL is not a condition that is in your head. Its a serious condition that will ruin and[Show More]My husband has had 3 shoulder surgeries. And now after having the pump all 3 times. His arm barley works any more. He has muscle death. The cartilage is non exsistant but there is plenty of arthritis and popping, grinding, stiffness, and hurts him to no end. Now he has to have a full shoulder replacement. PAGCL is not a condition that is in your head. Its a serious condition that will ruin and take away someones livley hood. The sad part about all of this is, my husband is only 25. Thanks alot there pain pump makers for making my husbands life and our family life a living hell. We've contacted an attorney on this matter. If this is happing to you get help. You don't have to just live with it.
JulieJune 9, 2009 at 6:46 pm
I had an on-Q pump for arthroscopic shoulder surgery and developed severe pain, limited range of motion and grinding/popping. I was later told I had sever osteoarthritis and when weather turned cold it was unbearable. I had a total shoulder replacement in Feb- at the age of 31.
thomasMay 29, 2009 at 2:34 am
I had rotator cuff surgery in Oct. 2006, they put in an On-Q pain pump, I have an apt. for an orthopedist to see if there is damage. Because I have developed popping grinding and cracking that wasnt present before the surgery
freemanMay 26, 2009 at 6:42 pm
i've had 2 surgeries for torn biceps tendon & pectoral tear in the same shoulder 1 in april the other in september had pain pump both times i was never told about them just told to squeeze the pump when time i get popping, tingling, numbness & pain
MichaelMay 24, 2009 at 8:02 pm
Due to a worker’s comp injury for a torn rotator cuff, I’ve had both shoulders operated on over the past 9 years. 3 time on my right, once on my left. I to was told that I was going to have pain pump inserted. I was never told of any side effects with the use of this pump. After all these surgery I’ve still have shoulder pain whether in motion or at rest pain, clicking, popping, grinding, shoul[Show More]Due to a worker’s comp injury for a torn rotator cuff, I’ve had both shoulders operated on over the past 9 years. 3 time on my right, once on my left. I to was told that I was going to have pain pump inserted. I was never told of any side effects with the use of this pump. After all these surgery I’ve still have shoulder pain whether in motion or at rest pain, clicking, popping, grinding, shoulder stiffness, decreased range of motion. Last week I went to see an orthopedic surgeon about the pain my left shoulder that I’ve had for months. The Doctor wants me to have an MRI as soon as possible to see if I’m going to need to have it repair. I would like someone to contact me regarding the possibility of me being part of this litigation.
LaurieMay 6, 2009 at 7:49 pm
Late last night I saw a commercial from some law firm talking about this. I couldn't believe it. I had surgery on my shoulder back in Feb 2002, I also was told to use the pain pump. My shoulder has never gotten better, actually its gotten a whole lot worse. Doctors have given almost everything to try for the pain, even anti seizure medications. They have all made me feel like I was imagining it [Show More]Late last night I saw a commercial from some law firm talking about this. I couldn't believe it. I had surgery on my shoulder back in Feb 2002, I also was told to use the pain pump. My shoulder has never gotten better, actually its gotten a whole lot worse. Doctors have given almost everything to try for the pain, even anti seizure medications. They have all made me feel like I was imagining it all, I was nuts. I even tried a pain management center, with no luck at all. How can I find out if this degenerative thing is happing to my shoulder?
RobertApril 30, 2009 at 6:43 am
I had RTC Surgery five years ago and the pain I hav eis unbearable. I was given the pain pump, however, my surgery was open surgery. about a year and a half ago I had surgery to repair a broken ankle in a combined arthroscopic and open surgical procedure. I was given a pain pump at the time for the ankle. Guess what? It can ruin your ankle too! I am having surgery to implant a neuro stimulator on[Show More]I had RTC Surgery five years ago and the pain I hav eis unbearable. I was given the pain pump, however, my surgery was open surgery. about a year and a half ago I had surgery to repair a broken ankle in a combined arthroscopic and open surgical procedure. I was given a pain pump at the time for the ankle. Guess what? It can ruin your ankle too! I am having surgery to implant a neuro stimulator on my spine to block the pain in the ankle. Question - Does the surgery have to be arthroscopic? I'm living proof that either way, the pain pump causes the problem. I can actually hear my shoulder and ankle. sometimes when I move. Ruins the ability to sleep through the night!
PennyApril 28, 2009 at 3:18 am
I just had shoulder surgery in Jnauary 2009. Almost immediately I have been experiencing these same side effects you all are describing. The pain is worse now then before the surgery. The grinding and popping are almost imbearable! My doctor says it is what it is and that it will always be that way, he cannot explain it. It is just a side effect. A pain pump was installed post surgey. I am s[Show More]I just had shoulder surgery in Jnauary 2009. Almost immediately I have been experiencing these same side effects you all are describing. The pain is worse now then before the surgery. The grinding and popping are almost imbearable! My doctor says it is what it is and that it will always be that way, he cannot explain it. It is just a side effect. A pain pump was installed post surgey. I am scheduled to have the same surgery on my left shoulder next week. (May 2009) What to do??? I am in pain with a tear in my rotater cuff and bicep tendon almost severed completely. All this damage is from bone spurs in both shoulders. Pain is a part of my life and I am just 50 years old. My husband is disabled and I must care for both of us. I work very hard and long hours as an ad director for a large media corporation. My briefcase weighs a ton!
melissaApril 22, 2009 at 4:24 pm
This all sucks for us cause I am still living with pain every day. I had shoulder surgery in 2002 and it feels worse then it did before I had the surgery
Shoulder Chondrolysis Trial to Begin July 2009 in Breg Pain Pump Lawsuit - AboutLawsuits.comMarch 24, 2009 at 3:00 pm
[...] August 2008, the United States Judicial Panel on Multidistrict Litigation denied a petition to consolidate the shoulder pump litigation during pretrial proceedings, finding that while the cases all involved the common question of [...]
jason,troy,miMarch 14, 2009 at 4:59 pm
i live in michigan,and have been having trouble w/the local hospitals here for over a year now. i am currently almost 20,000 dollars in debt and still have no idea if i am even okay. i do not feel ok, five doctors,(no names for legal purpose) maybe more have continually misdiagnosed me again and again. they gave me meds i did not need, for diseases i do/did not have including multiple mri w/ this [Show More]i live in michigan,and have been having trouble w/the local hospitals here for over a year now. i am currently almost 20,000 dollars in debt and still have no idea if i am even okay. i do not feel ok, five doctors,(no names for legal purpose) maybe more have continually misdiagnosed me again and again. they gave me meds i did not need, for diseases i do/did not have including multiple mri w/ this contrast agent galodinium??gouldinium?? the more i read the more scared i get.
PatrickFebruary 15, 2009 at 3:11 pm
I had a surgery on my left shoulder in 2003, an needed one immediately same time the following year in 2004, both surgeries did not work, pain pump was used, shoulders have been ruined since then, insurance dropped me when i turned 22 an the Dr's all said its a psycological thing or itll be fine or we cant help you sorry, ive been completely disabled from my doctor due to my shoulders, my right sh[Show More]I had a surgery on my left shoulder in 2003, an needed one immediately same time the following year in 2004, both surgeries did not work, pain pump was used, shoulders have been ruined since then, insurance dropped me when i turned 22 an the Dr's all said its a psycological thing or itll be fine or we cant help you sorry, ive been completely disabled from my doctor due to my shoulders, my right shoulder needs surgery but cannot afford to have it done, an my left shoulders ligaments are all ruined an my joint rubs grinds clicks pops an slides unstable
BobbyFebruary 11, 2009 at 12:55 am
I wish I had known this before I had my shoulder surgery on aug29th of 2008. I started having a popping and pain about the end of nov to the beginning of dec.
DavidNovember 27, 2008 at 4:13 pm
I have had 3 shoulder surgeries that a pain pump was used. I have had shoulder pain since. Some very intense. My shoulder has limited mobility and weakness, and grating sounds. I have never heard of this side effects until now but now I understand why the makers have never put this out.
valerieOctober 6, 2008 at 3:43 am
I had a pain pump used on me after a tummy tuck. I got pancreatitus and now have ongoing problems.