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

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.

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The Food and Drug Administration (FDA) is warning orthopedic and anesthesia health care providers and hospital risk managers not to continuously infuse local anesthetics directly into the intra-articular joint space because this use of anesthetics has led to a painful and debilitating condition known as chondrolysis, or the decaying and destruction of the cartilage.

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Things were looking promising for Florida State University quarterback Christian Ponder, until last Saturday, when he separated his right shoulder making a tackle after throwing his fourth interception against Clemson. He now faces surgery to repair a Grade 3 AC separation, which will bench him for the rest of the season.

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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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Pain pumps are devices used to deliver a steady amount of medication to a wound site for up to 72 hours following surgery. They are often used in shoulder surgery. The balloon-shaped part of the device rests outside the body and is attached to catheters that feed into the shoulder tissue. Once the medication has been used, patients are instructed to simply pull out the catheter.

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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.

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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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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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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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The season is over for Kansas City Royals outfielder Coco Crisp, who will undergo surgery to repair a torn labrum in his right shoulder. Royals manager Trey Hillman calls it a “pretty big blow” to the team. Crisp, who began experiencing pain in his shoulder last April, hasn’t played since June 12 after the pain in his shoulder began hampering his production. Prior to going on the disabled list, Crisp’s production dropped from .239 to .261.

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