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

Michael Johnson says neither he nor his doctor would have agreed to have a pain pump devices implanted into his shoulder joint during two arthroscopic surgeries if he knew that by doing so it would result in a full shoulder joint replacement. Johnson contends that the manufacturers of the medical device knew that the pain pumps were unreasonably and dangerously defective, and yet they did nothing to warn him or his surgeon about the risks associated with using it. Furthermore, he claims, the Food and Drug Administration (FDA) specifically prohibited the marketing of pain pump devices with anesthetics to be placed in the joint cavity.

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Attorneys with Beasley Allen Law Firm and attorneys with partnering firms have filed three separate lawsuits alleging that pain pump devices implanted in the shoulder during and after surgery to repair shoulder injuries were unreasonably and dangerously defective beyond the extent contemplated by ordinary patients.

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Lawsuits against the manufacturers of shoulder pain pump devices have been filed in state and federal courts across the nation, and some have already been scheduled for trial beginning in 2010. What juries may be surprised to hear is how a device commonly used between 1999 and 2007 to relieve pain following shoulder surgery, has months later resulted in an irreversible, painful and debilitating condition known as chondrolysis.

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I-Flow Corp., the Irvine, Calif.-based device maker, exceeded expectations with its quarterly results and says it expects to see an operating profit for the year despite a sharp increase in the number of product liability lawsuits filed against the company in July 2009. The company, which makes devices that deliver targeted anesthesia as an alternative to narcotics known as pain pumps, has a market value of $175 million.

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Postoperative pain pump marketer I-Flow Corporation is facing more lawsuits, this time from a pain pump competitor over the package inserts I-Flow distributes about its On-Q pain pump. Zone Medical LLC claims I-Flow is misrepresenting latex exposure risks and putting patients and health care professionals at risk in order to gain commercial advantages.

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A lawsuit filed filed against AstraZeneca Pharmaceuticals and Stryker Corp. claims the companies distributed defective pain pumps even after learning the pumps had destroyed shoulder cartilage and the FDA had repeatedly rejected the products, according to Courthouse News Service. The lawsuit also names Hospira Inc. and Abbott Labs, saying the two companies encouraged the pain pump manufacturers to use their anesthetic drugs in conjunction with the pumps even though the medications had not been properly tested.

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Dr. Charles Beck, a well-respected orthopedic surgeon, recently issued a warning that a commonly used device designed to reduce pain after surgery is potentially dangerous when used in the shoulder joint space. The devices, manufactured by Stryker Corporation, I-Flow Inc. and other companies, deliver high concentrations of pain medication directly to a surgical site. According to the recently published article co-authored by Dr. Beck, they can cause permanent and debilitating damage to the shoulder. In discussing the matter, Dr. Beck stated:

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