Shoulder Surgery Pump Lawsuit Trials Scheduled Throughout 2010

Next year, individual trials are scheduled in courts across the United States for shoulder surgery pump lawsuits filed over the development of shoulder chondrolysis, which involves permanent loss of cartilage in the shoulder, following use of a pain pumps to deliver medication during the days after arthroscopic surgery.

The cases are filed against the manufacturers of disposable pain pumps, including I-Flow Corp., Stryker Corp., DJO, Inc., and other companies. They all involve similar allegations that the intra-articular use of pain pumps to deliver a combination of pain medications during the days after surgery can cause the progressive destruction of shoulder cartilage, causing new shoulder problems and potentially resulting in the need for shoulder replacement surgery.

Last summer, the U.S. Judicial Panel on Multidistrict Litigation denied a request to consolidate and centralize all federal shoulder pump lawsuits for pretrial litigation. Although numerous claims were pending in courts throughout the country, the Panel found that because an indeterminate number of pain pumps made by different companies were at issue, centralization in a multidistrict litigation (MDL) was not appropriate.

As a result, each shoulder pump lawsuit has been proceeding as an independent case on a different scheduling order. No trials have yet to occur, as a confidential settlement was reached before the first case was scheduled to begin in Oregon and the second case, which was scheduled in Florida, was dismissed this summer after one of the Plaintiff’s expert witnesses was excluded.

According to information posted by attorney Brenda Fulmer in a blog posted on InjuryBoard.com, at least 16 shoulder pain pump trials are scheduled to begin in 2010, with two more scheduled for early 2011.