Jurors in a recent Oregon shoulder pain pump trial agreed with Portland products liability lawyers for the injured plaintiff in one of the first pain pump injury cases to reach a jury. The plaintiff sought compensation for a destroyed shoulder joint, alleging that an I-Flow On-Q Painbuster pump caused the damage after the medical device manufacturer encouraged surgeons to use its pump in an unapproved and unsafe manner for patients recovering from shoulder-joint surgery. Concluding that the pain pump destroyed cartilage when it was implanted in the plaintiff’s shoulder, the jury returned a $5.5 million verdict.
The U.S. Food and Drug Administration (“FDA”) has required medical device manufacturers to warn doctors that pumps filled with bupivacaine and similar anesthetics may cause a degenerative, extremely painful condition known as Postarthroscopic Glenohumeral Chondrolysis (“PAGCL”). PAGCL is a permanent condition that can involve progressive destruction of shoulder cartilage, reduced range of motion, pain, clicking and popping in the shoulder joint, and possibly the need for repeated shoulder replacement surgeries. The approved drug labels for local anesthetics like bupivacaine do not include an indication for continuous intra-articular postoperative infusions or use of infusion devices, such as elastomeric pain pumps.
In a similar pain pump lawsuit heard last year in Florida, a federal judge ruled in favor of medical device manufacturer Breg, Inc. The court in that case found that an individual who suffered a breakdown of his shoulder cartilage did not provide enough evidence linking the condition to the shoulder pain pump. The Multnomah County, Oregon jury’s verdict has now delivered an opposite result, showing that pain pump manufacturers may well face significant liability.
Whether companies will continue marketing medical devices for untested and unapproved uses remains to be seen. Shoulder pain pumps are profitable products, even when the costs of defending lawsuits is factored in. Paying judgments like the one rendered after the verdict in this case, however, is something else entirely. Products liability lawyers have filed numerous lawsuits against pain pump manufacturers, marketers, or distributers, including I-Flow, Stryker, DJO, Breg, and others. It may take much more than a pump to alleviate the pain that more verdicts like this one may cause the medical device industry’s bottom line.
If you or loved ones are harmed because of a defective medical device or other dangerous product, you may have a legal claim. Portland products liability lawyer Dane Johnson provides a no-cost, no-obligation case evaluation. Contact the Law Office of Dane E. Johnson online, or call us toll free at (800) 714-4204.
Related Web Resources
FDA, Infused Local Anesthetics Information
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