Pain pumps

Pain pumps are often used in shoulder surgery and work effectively when used as approved by the Food and Drug Administration (FDA), with the catheter implanted in the shoulder tissue. However, in the early 2000s, pain pump manufacturers began advising physicians to insert the catheter directly into the shoulder joint, a method not approved by the FDA. When pain pumps were used in this manner, medication dripped directly into the shoulder joint, slowly eating away at the cartilage. Patients began experiencing a painful and debilitating condition known as chondrolysis.

As a result, numerous lawsuits have been filed against the manufacturers of pain pumps by individuals injured by the devices. But aren’t the companies that supplied the drugs used in the pain pumps also liable?

“They are, when you can find them,” says Frank Woodson, shareholder with Beasley Allen Law Firm. “One of the issues that I think that the attorneys representing pain pump victims are seeing is that is that the hospitals and/or surgical centers, wherever you had the surgery performed, sometimes do not do the best jobs of tracking what medications they placed into the pumps. I can tell you for a fact from the medical and billing records that sometimes it is impossible to determine who manufactured the medicine.”

If the manufacturer can be determined, “It is likely they are going to be added as a defendant because they knew from the medical literature that their medicine was toxic to cartilage,” Woodson says. “If they knew that their medicine was going to be used in pain pumps that were being placed intra-articularly into that joint space, then they’re just as liable as the pain pump manufacturers.”

SOURCE: Pain Pumps › Are drug companies to blame for shoulder pain pump injuries?

Pain pumps

“I think what we’re seeing is that physicians are finally seeing the relationship between pain pumps and chondrolysis – especially since the first lawsuits were filed a couple years ago,” says Frank Woodson, shareholder with Beasley Allen Law Firm. “In addition, literature is now being published about the connection between pain pumps and chondrolysis. The more information that becomes available, the more people are learning what may be causing their shoulder problems.”
Chondrolysis is a condition in which the cartilage in the joint wears away, resulting in loss of mobility and pain. Over the past few years, surgeons began seeing several patients who have had shoulder repair surgery contract chondrolysis. It didn’t take long for doctors to discover what was causing the painful condition.

“This goes all the way back to about the year 2000. People who had surgery seven or eight years ago who thought they had recovered are now seeing that they’re losing their cartilage and they don’t know why,” Woodson says. “For a long period of time, physicians didn’t know why either. However, now that the literature is expanding and more and more doctors are finding out about this, they’re telling patients to contact attorneys to get advice on what recourse they may have.”

Several cases are set for trial this year. “I think you’re going to see juries return verdicts against these defendants and then others will start to file lawsuits as well,” Woodson says.

SOURCE: Pain Pumps › Why are there so many lawsuits against pain pump manufacturers?

The culprit was not the surgery itself but the device used to deliver pain medication to the wound site. Used properly, as approved by the Food and Drug Administration (FDA), the pain pumps were hardly dangerous. But pain pump manufacturers began advising surgeons to use the pain pumps differently, by inserting the catheter directly into the shoulder joint space. Over time, the pain medication was toxic to the cartilage, resulting in chondrolysis.

In 2008, a petition was filed for a multidistrict litigation (MDL) to consolidated the lawsuits pending against the manufacturers of pain pumps. MDLs help coordinate the litigation that is pending in federal courts across the country involving the same allegations or same parties. The Judicial Panel on Multidistrict Litigation decides whether cases should be consolidated under MDL and where to transfer the cases. The judicial panel denied the initial petition requesting an MDL. Many more lawsuits have been filed in federal courts across the country and the panel may revisit its initial decision.

“Denial of the MDL  may be a good thing for patients and consumers because there are already cases that are going to trial,” Woodson says. Several of those cases were settled right before or after the opening statement and others were resolved on a confidential basis in early 2009.

“These are substantial injury cases. This is a very severe injury that should not have occurred,” Woodson says. “Most of these people did not know what occurred to them until they started seeing advertisements from lawyers for these cases. So, that’s the first time that they had any inkling in their mind that there could have been a connection between the use of a pain pump and what’s ultimately happened to their shoulder.

“I’d advise (individuals who believe they may have been injured by the pain pump) that people  see an attorney as soon as possible. ”

SOURCE: Pain Pumps › Pain pump makers may be liable for injury after shoulder surgery