Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

Matthew Beale of Portland, Oregon, routinely participated in football, racquetball and golf, and he enjoyed coaching his son’s baseball teams. But a minor tear in his bicep tendon caused by throwing a football benched the 38-year-old father of four. His doctor recommended routine arthroscopic surgery during which he was prescribed an I-Flow pain pump to deliver pain medication directly to the wound site for up to 72 hours.

However, the anesthetic that dripped from the pain pump into Beale’s shoulder joint killed the cells that create cartilage. Within months, Beale’s cartilage was completely destroyed, causing him so much pain he couldn’t shake his clients’ hands or even pick up his baby without a shockwave of pain. He now faces a complete shoulder replacement that doctors say will likely not permanently resolve his chronic pain or enable him to regain his active lifestyle.

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Pain pumps are devices that are used to deliver medication to a surgical site. Medication is stored in a balloon that rests outside the body. A catheter is fed from the balloon and implanted into the surgical site, where it delivers medication for up to 72 hours. Once all the medication has been released, the patients simply pulls the catheter out.

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Pain pumps have been used for years by physicians to effectively deliver pain medication to surgical sites, for example, after shoulder surgery. So why are so many cases suddenly being filed against the manufacturers of 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.”

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Intra-articular pain pumps were never meant to harm people. But according to mounting lawsuits against the makers of pain pumps, the manufacturers knowingly put patients at risk.

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For a long time, physicians didn’t know why patients who had shoulder surgery began suffering from a painful condition known as chondrolysis, in which the patient loses the cartilage in the shoulder. “This goes all the way back to about the year 2000. People who had surgery seven or eight years ago who thought they would recover are now seeing that they have lost their cartilage and they don’t know why,” says Frank Woodson, shareholder with Beasley Allen Law Firm. “However, now that the literature is expanding and more and more doctors are finding out about this and they’re telling patients to contact attorneys to get advice on what recourse they may have.”

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Last February, experts thought Orlando Magic point guard Jameer Nelson was done for the season when he underwent surgery to repair a torn labrum in his right shoulder. Recovery usually takes about six months, and over the past four months the Magic began inching toward the Finals. Now it seems, just four months post surgery, Nelson has stepped back into the game to help his team fight for the title against the Los Angeles Lakers.

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Nine people in Arizona who claim they were permanently injured by a medical device designed to deliver pain medication to the shoulder joint, are suing the makers of the device for more than $68 million, according to the Phoenix Business Journal.

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Postoperative pain delivery system developer and marketer I-Flow Corporation may be facing lawsuits for needlessly injuring patients by instructing physicians to use their products incorrectly, but the company doesn’t seem to be suffering. The company recently announced that total revenue for the first quarter of 2009 has skyrocketed by 9 percent over the first quarter of 2008 – an increase of about $2.5 million, according to OC Metro.

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Manufacturers of pain pumps were denied approval by the Food and Drug Administration (FDA) to use the devices in a different manner than what had been previously approved by the FDA for shoulder surgery. But that didn’t stop the manufacturers from advising physicians to use the devices improperly. That improper use has lead to a painful and debilitating condition in many shoulder surgery patients.

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There are approximately 140 lawsuits against manufacturers of pain pumps currently pending in state and federal courts throughout the country filed on behalf of patients who had used pain pump devices following shoulder repair surgery that were unreasonably and dangerously defective and caused serious pain and disability. The number of lawsuits has jumped considerably since the summer of 2008, says Frank Woodson, shareholder with Beasley Allen Law Firm.

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