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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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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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 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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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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Attorney Frank Woodson with Beasley Allen Law Firm along with attorneys with partnering firms filed three separate lawsuits in late May and early June 2009, 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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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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Post-Arthroscopic Glenohumeral Chondrolysis, or PAGCL, is a debilitating and life altering shoulder injury associated with intra-articular pain pumps used in conjunction with arthroscopic shoulder surgery.

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