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› $150,000,000 verdict in personal injury case
UCLA forward James Keefe will miss two to three weeks with the team to recovery from a dislocated left shoulder. The senior was injured during the first half of UCLA’s game against New Mexico State on December 15th. The injury occurred on the same shoulder that required surgery for a torn labrum in 2007.
Five lawsuits against manufacturers of pain pumps and pharmaceutical companies on behalf of 28 people were filed in Los Angeles County Superior Court this month, alleging fraud, breach of warranty and products liability, saying the makers of the products continued to market the pain pumps as mitigation for shoulder joints despite the specific use of those products not being approved by the Food and Drug Administration (FDA). The lawsuits also allege that the pain pump devices caused a painful and debilitating condition known as postarthroscopic glenohumeral chondrolysis (PAGCL), in which the cartilage in the shoulder joint wears away causing bone to rub against bone.
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.
Rotator cuff surgery is considered one of the most painful sports-injuries surgeries to the shoulder. It involves the reattaching of the damaged tendon or tendons to the upper arm. In order to access the injured rotator cuff, the surgeon makes a two- to three-inch incision in the shoulder and cuts through the deltoid muscle. Scar tissue is removed and small holes are drilled through the bone allowing the surgeon to sew the tendon to the bone. The procedure can be difficult for sports medicine and orthopedic surgeons due to the multitude of knots that must be tied through a type of small tubing under arthroscopic viewing. But one corporation is making that procedure easier for surgeons.
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.
The shoulder joint has the greatest range of motion of all our joints and allows us to use our arms for various tasks, from throwing pitches to supporting our bodies. When the shoulder is injured, surgery may be required to relieve pain and restore mobility. However, some individuals have found that surgery on their shoulder has made their condition worse.
One of the three principal shoulder pain pump manufacturers facing lawsuits over serious injuries associated with the use of the pain pumps is no stranger to controversy. It was also engaged in an illegal scheme for which it was prosecuted for paying hundreds of thousands – and possibly millions – of dollars to physicians for using its hip and knee replacement products exclusively.
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.”
Four complaints have been filed in federal court in Philadelphia against Stryker Corp., maker of medical devices including postoperative pain pumps, for causing serious arthritis. The Kalamazoo, Michigan-based company is accused of actively concealing or misrepresenting information about the safety and efficacy of its pain pumps.
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