Breg Shoulder Pain Pump Lawsuit Dismissed in Florida

A federal judge in Florida has dismissed a shoulder pain pump lawsuit pending against the medical device manufacturer Breg, Inc., which was set to be the first case to be submitted to a jury involving allegations that disposable pumps made by several different companies cause permanent and debilitating cartilage damage when used after arthroscopic shoulder surgery.

The Breg shoulder pain pump lawsuit, which was filed by Douglas Kilpatrick, was scheduled for trial to begin the first half of this month in the U.S. District Court for the Southern District of Florida. However, a key expert witness was excluded after the Court found that his testimony does not scientifically support a link between the Breg pain pump and the plaintiff’s development of shoulder chondrolysis, which involves a progressive loss of cartilage.

Breg manufactures a pump that was used to deliver pain medication via a joint space catheter over a 48-hour period after Kilpatrick’s arthroscopic shoulder surgery. The complaint alleged that the device damaged the cartilage in Kilpatrick’s shoulder, resulting in a shoulder replacement surgery and chronic pain.

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Dozens of similar shoulder pain pump lawsuits have been filed in different courts throughout the United States against Breg and other manufacturers of these devices, including Stryker Corp., I-Flow Corp., DJO Inc., DePuy, Inc. and Smith & Nephew, Inc.

Studies have linked the intra-articular use of the shoulder pain pumps to the development of shoulder chondrolysis, a regenerative disease that causes loss of cartilage in the joint. Symptoms of the condition include a decreased range of motion, pain, as well as popping and grinding of the joint, which tend to develop during the months after use of the pain pump as use of the shoulder increases following the arthroscopic surgery.

Kilpatrick, who owns a charter fishing company in Florida, alleged that Breg knew or should have known that their product and the anesthetics it administered directly into the joint space could cause chondrolysis, and failed to warn consumers and the medical community.

U.S. District Judge K. Michael Moore, of the U.S. District Court for the Southern District of Florida issued an order granting Breg’s Motion for Summary Judgment on June 25, after finding that Kilpatrick could not prove that the product defect proximately caused his injury.

All lawsuits over shoulder pain pumps are currently proceeding as individual claims, after the U.S. Judicial Panel on Multidistrict Litigation denied a request to consolidate and centralize all federal cases to avoid inconsistent rulings. Therefore, the decision in Kilpatrick’s Breg pain pump lawsuit will not have a binding effect on other lawsuits against manufacturers of the devices pending throughout the United States.

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8 Comments

  • AldonAugust 23, 2012 at 2:25 am

    I'm a 29 year old from Minnesota. I had arthroscopic surgery in may of 2005 due to a wrestling injury in college. I had some labrum damage and was told this is a minor surgery which it was. In 2010 I had some clicking and crunching going on in certain movements that progressively got worse. About a month ago I finally went in and had an MRI and was immediately asked if I had a pain pump in my 2005[Show More]I'm a 29 year old from Minnesota. I had arthroscopic surgery in may of 2005 due to a wrestling injury in college. I had some labrum damage and was told this is a minor surgery which it was. In 2010 I had some clicking and crunching going on in certain movements that progressively got worse. About a month ago I finally went in and had an MRI and was immediately asked if I had a pain pump in my 2005 surgery which I said yes direct catheter into the shoulder socket. They told me all of my cartiledge had deteriorated and that replacement surgery would be needed. I had replacement surgery a week and a half ago. Titanium ball for the head of the humerous and meniscus used on the socket. I've been told I will need replacement surgery every 7-10 years for the rest of my life because the meniscus will need to be replaced. I'm very frustrated about the whole situation this should never have happened!! I'm seeking legal advice for compensation for my future surgeries etc. I wish you all the best of luck.

  • DaneDecember 22, 2010 at 3:07 am

    I had shoulder surgery on my right shoulder june 1st of this year. it is now dec 21 and my shoulder hurts worse now then before i had the surgery. i dont know what to do. i went thru like 3 months worth of therapy and it didnt help. I live in panama city and not sure if i should see a lawyer here or go elsewhere.

  • johnnyDecember 17, 2010 at 12:36 am

    Hi this johnny again since my last post I have had a reverse total shoulder replacement and it help a lot for three months now it is hurting really bad again I'm not sure if its the weather or if something else but for the last week wow my doctor that did the surgery said there's no doubt the pain pump ruin my life and all I can do now is hope my attorney and his staff can get the courts to see wh[Show More]Hi this johnny again since my last post I have had a reverse total shoulder replacement and it help a lot for three months now it is hurting really bad again I'm not sure if its the weather or if something else but for the last week wow my doctor that did the surgery said there's no doubt the pain pump ruin my life and all I can do now is hope my attorney and his staff can get the courts to see what we are going thru and to realize that none of us ask for this we just got it

  • KellyJune 3, 2010 at 5:13 am

    My story is alot like yours Gary.I have had both shoulders worked on,with a pump put into each side.I did not know how long the meds were suppost to take to empty.I do know it was less then 1 day.I'm going back into surgery this June 24th to move my biscip. so it will stop pulling on my damaged cartilage .I don't know if this is going to help but somethings got to give.I can't even work or even s[Show More]My story is alot like yours Gary.I have had both shoulders worked on,with a pump put into each side.I did not know how long the meds were suppost to take to empty.I do know it was less then 1 day.I'm going back into surgery this June 24th to move my biscip. so it will stop pulling on my damaged cartilage .I don't know if this is going to help but somethings got to give.I can't even work or even shower myself without pain.Hell just putting my hands over my head while sleeping causes so much pain can't hardly take it.Good luck to all with this issuse I do feel your pain.

  • J.C.May 12, 2010 at 10:06 pm

    I had broken my collar bone and it had grown together odd. A year after the accident my ortho went in to shave down the hump of a collar bone and while he was in there he trimmed the clevical bone because he seen on the xray that there was arthritis and while there is went into the joint to smooth off the joint. A pain pump was installed in the AC joint but today I have all the same symptoms of Ch[Show More]I had broken my collar bone and it had grown together odd. A year after the accident my ortho went in to shave down the hump of a collar bone and while he was in there he trimmed the clevical bone because he seen on the xray that there was arthritis and while there is went into the joint to smooth off the joint. A pain pump was installed in the AC joint but today I have all the same symptoms of Chondrolsys. I believe that the medication somehow leaked/flowed or somehow got into the joint because my carthlidge is thinning, i have severe popping/grinding and pain. I have been told by one attorney that if my doctor won't write "chrondrolsys" they won't/can't do anything for me. I have contacted another firm. I have lost 75% of my normal income, lost my vehicles, filed a BK and can't make through an entire day of work because of the pain.

  • GaryApril 22, 2010 at 5:49 pm

    I also had a Breg pain pump used in my shoulder after surgery in Oct. of 09 and my shoulder is shot.I was told that this only happens in cases where the cath, line is in the joint. That may very well be so, but facts are fact...I have been diagnosted with chondrolysis,in my particaular case I went in for simple(or so the Orto. told me) repair and reatachment of my shoulder tenion and [Show More]I also had a Breg pain pump used in my shoulder after surgery in Oct. of 09 and my shoulder is shot.I was told that this only happens in cases where the cath, line is in the joint. That may very well be so, but facts are fact...I have been diagnosted with chondrolysis,in my particaular case I went in for simple(or so the Orto. told me) repair and reatachment of my shoulder tenion and I would be pain free.Sounded great to me,at the last moment befor being wheeled down to surgery the ortho tells me he decided he was going to repair a torn rotocuff and grind some spurs down (wich was not giveing me any pain or problems what so ever) I understood it was suppose to be laposcopic surgery, well, there was a four inch insistion on the top of my shoulder where the cath. line was put and the pain pump dumped both vials of the liquid concoction into my shoulder in a matter of 6 to 8 hours after they put it in and sent me home.Regaurdless of where the cath line was put the fluid had no choice but to drain into the insistion site an disapated into the joint.Someone needs to be held responsible for the damage done to me,it is wrong and a nightmare.Why are these pain pumps still out there and being used,I really believe my pump was defective to have dumped all of the supposedly 3 day voulume of toxic poision into my shoulder, has anyone out there experinced the same problem, pump emptying all contence in a shorter period then is suppose to?If so please put it out here so we can be heard and others will not have to suffer at the expence of a buck, my surgery was in OCTOBER of 2009 long after companies started experinceing problems and a month befor the F D A finnally sent more warnings out!

  • StevenFebruary 8, 2010 at 1:35 am

    if you have chondrolysis (which is what this guy had) there isn't anything that can be done other than replacing the shoulder. i've been dealing with it for almost 10 years. i've taken every anti-inflamatory on the market. none of them helped enough to continue taking them. i've tried cortisone injections which didn't help at all. i've also had a sort of experimental synthetic joint fluid injectio[Show More]if you have chondrolysis (which is what this guy had) there isn't anything that can be done other than replacing the shoulder. i've been dealing with it for almost 10 years. i've taken every anti-inflamatory on the market. none of them helped enough to continue taking them. i've tried cortisone injections which didn't help at all. i've also had a sort of experimental synthetic joint fluid injection which helped a little but not much.

  • johnnyAugust 27, 2009 at 2:22 pm

    Since I had my surgery at first everything was great then months later it started getting worst than ever I have gone every where in panama city fl trying to get help but nothing I have been out of work for over a year because it hurts so bad and going to go to jail in a month because I can't pay my child support any more loss my truck,boat and my wife and there nothing I can do.if any one has a g[Show More]Since I had my surgery at first everything was great then months later it started getting worst than ever I have gone every where in panama city fl trying to get help but nothing I have been out of work for over a year because it hurts so bad and going to go to jail in a month because I can't pay my child support any more loss my truck,boat and my wife and there nothing I can do.if any one has a good answer to this madness please help me

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