>>INFORMATION: Shoulder Pain Pump Problems

The MDL Panel denied a motion to consolidate the shoulder pain pump lawsuits last year, so all cases have been proceeding as individual product liability lawsuits before many different judges in different courts across the country. This has created multiple problems that could be addressed through an MDL, such as inconsistent pretrial rulings, duplicative discovery and conflicting schedules.

At a hearing next month, shoulder pump lawyers will renew their prior motion and request that all cases be transferred to the District of Minnesota for coordinated handling by Judge John R. Tunheim, who is currently presiding over an informal consolidation of 34 shoulder pump lawsuits that have been filed in that district.

Since the initial MDL petition was filed, the number of cases has increased from 13 to more than 150 lawsuits in at least 20 different states, including Alabama, Arizona, California, Colorado, Florida, Kentucky, Michigan, Minnesota, Mississippi, North Carolina, Nevada, New Mexica, Ohio, Oregon, Pennsylvania, South Dakota, Tennessee and Utah. In addition, as the shoulder pump litigation proceeds, it is likely that hundreds more cases will turn up in courts across the country.

All of the litigation involves cases with common theories of liability and arguments that the pain pumps cause shoulder chondrolysis when used to deliver the pain medications directly into the shoulder joint following arthroscopic surgery.

Formation of an MDL, or multidistrict litigation, would eliminate duplicative discovery, avoid conflicting rulings and schedulers, save time and effort for the partiers, the attorneys, the witnesses and the courts, and otherwise promote the just and efficient prosecution of the shoulder pump lawsuits.

SHOULDER PUMP LAWYERS

The shoulder chondrolysis lawyers at Saiontz & Kirk, P.A. are continuing to investigate potential new cases for individuals who experienced problems after use of a pain pump or shoulder pain ball following arthroscopic shoulder surgery.

Use of the pain pump to deliver medication via catheter directly into the shoulder joint can cause a progressive destruction of cartilage in the shoulder. This could cause a number of shoulder problems to develop within three to 12 months after shoulder surgery, such as:

• Shoulder pain whether in motion or at rest
• Clicking, popping or grinding of the shoulder
• Shoulder stiffness or weakness
• Decreased range of motion

To review a potential lawsuit for shoulder pain pump complications for your self, a friend or family member, request a free consultation and claim evaluation.

>>FDA SAFETY INFORMATION: Risk of Chondrolysis Problems

Following a mounting number of reports of chondrolysis following shoulder pain pump use, which involves a painful and irreversible destruction of cartilage, the FDA indicated that the “significance of this injury to otherwise healthy young adults warrants notification to health care professionals.”

Shoulder pain pumps, sometimes referred to as a shoulder pain ball, are small disposable infusion pumps that have been prescribed by many doctors following arthroscopic surgery as an alternative to oral pain medication. The pumps deliver medication through a catheter directly into the shoulder joint over a period of two or three days before they are removed by the patient.

In litigation pending throughout the United States, the pain pump manufacturers have denied that their products cause people to suffer shoulder chondrolysis problems or that there was anything wrong with their warnings. However, based on at least 35 reports involving chondrolysis following continuous intra-articular infusion with local anesthetics, the FDA is now requiring updated warnings about the potential side effect.

In a statement sent to healthcare providers describing the reports of necrosis and destruction of cartilage, known as chondrolysis, the FDA said:

The local anesthetics (with and without epinephrine) were infused for extended periods of time (48 to 72 hours) directly into the intra-articular space using an elastomeric pump.

Chondrolysis was diagnosed within a median of 8.5 months after the infusion. Almost all of the reported cases of chondrolysis (97%) occurred following shoulder surgeries. Joint pain, stiffness, and loss of motion were reported as early as the second month after receiving the infusion. In more than half of these reports, the patients required additional surgery, including arthroscopy or arthroplasty (joint replacement).

The FDA pointed out that none of the devices have been approved for intra-articular infusion of local anesthetics after orthopedic surgery, and urged doctors to follow the recommended uses.

SHOULDER CHONDROLYSIS LAWYERS

Following arthroscopic surgery where a pain pump is used, problems with shoulder chondrolysis typically begin to surface between three and 12 months after surgery. As the shoulder is used more, the loss of cartilage can result in shoulder problems like:

• Increased shoulder pain regardless of whether the shoulder is in portion or at rest.
• Clicking, popping or grinding of the shoulder joint.
• Shoulder stiffness or weakness.
• Decreased range of motion in the shoulder.
• Additional shoulder surgery, including the potential need for a total shoulder replacement.

The shoulder chondrolysis lawyers at Saiontz & Kirk, P.A. are continuing to review potential claims for individuals throughout the United States who have experienced shoulder pump problems. To review a potential case for yourself, a friend or family member, request a free consultation and claim evaluation.

>>Contact Your Senators
>>Contact Your Representative

The Medical Device Safety Act of 2009 was introduced in the U.S. House and U.S. Senate to reverse a decision by the U.S. Supreme Court last year in Riegel v. Medtronic, which held that product liability lawsuits challenging the safety or effectiveness of medical devices are pre-empted by federal law if they are approved by the FDA.

Corporations which manufacture defective medical devices and dangerous drugs have been arguing for years that they should be insulated from liability for injuries caused by their products so long as the FDA approved the products. However, in reality, the FDA is not equipped to be the last line of defense for product safety, and their regulations should be viewed as the floor, not the ceiling.

Ultimately, responsibility for the safety of medical devices and prescription drugs should fall to the manufacturer, and a consumer should be entitled to compensation when a corporation fails to ensure that their product is safe and effective.

Earlier this month, in the case of Wyeth v. Levine, the U.S. Supreme Court came down on the side of the consumer, finding that makers of pharmaceutical drugs are not insulated from liability for faulty warning labels, regardless of whether the FDA approved the label.

However, the Riegel decision is continuing to present substantial hurdles for individuals injured by defective medical devices, such as the Medtronic Sprint Fidelis defibrillator lead that was recalled in 2007.

Although Medtronic was aware that the small wires they were selling to connect cardiac defibrillators to the heart were prone to fracture or break, they continued to allow the products to be implanted for months.

In January 2009, U.S. District Judge Richard H. Kyle in Minneapolis cited the Riegel decision as the basis of his dismissal of over 1,400 Medtronic lawsuits that had been filed on behalf of patients who were injured by the defective Medtronic defibrillator leads.

The legislation introduced by Sentator Edward Kennedy (MA-D), Rep. Frank Pallone (NJ-D) and House Energy and Commerce Chairman Henry Waxman (CA-D) could restore these lawsuits and protect other consumers injured by medical devices, by ensuring that they are able to hold the manufacturer responsible for a negligent design that results in a dangerous and defective medical device.

ACT NOW TO SUPPORT THE MEDICAL DEVICE SAFETY ACT

To preserve your right to pursue a product liability lawsuit for injuries caused by a bad medical device, it is important that you contact your Senators and Representative to make sure they understand the importance of supporting the Medical Device Safety Act.

The civil justice system and state court juries are an important safeguard to hold companies accountable for decisions which put profits ahead of consumer safety. Let your voice be heard.

>>Read More from American Association for Justice.

Last month, the Judicial Panel on Multidistrict Litigation denied a motion to consolidate the shoulder pain pump litigation in federal court. The panel found that while the cases that have been filed all involve common issues of whether pain management pumps cause shoulder chondrolysis, the lawsuits involve too many different companies to justify consolidation. Therefore, all cases are being litigated as stand alone cases in various courts throughout the federal and state judicial systems.

>>PRIOR POST 8/18/2008: Consolidation of Shoulder Pump Litigation Denied

At least 28 different companies have been named in pain management pump lawsuits for manufacturing infusion pumps and the anesthesitc drugs used in the pumps. Research has established that the intra-articular placement of a pain pump catheter to deliver home care pain management after surgery has been linked to the permanent deterioration of cartilage in the shoulder joint.

Symptoms of shoulder chondrolysis, also known as PAGCL (Postarthroscopic Glenohumeral Chondrolysis), typically surfaces between three and twelve months after the implantable pain pump is removed. As the arm is used more, new problems could develop such as stiffness, pain, clicking, popping, grinding and reduced range of motion.

PAIN MANAGEMENT PUMP CHONDROLYSIS LAWYERS

If shoulder problems have been experienced after arthroscopic surgery, it is important to have one of the chondrolysis lawyers at Saiontz & Kirk, P.A. fully review the circumstances surrounding the surgery and the symptoms that have developed to determine if compensation may be available.

Some of the most commonly used arthroscopic surgery pain management pumps which have been linked to the development of shoulder chondrolysis include:

• Stryker PainPump
• Stryker PainPump Blockaid
• I-Flow On-Q PainBuster (also referred to as pain pump ball)
• Donjoy Pain Control Device
• Donjoy Accufuser Plus Pain Pump
• BREG Pain Care Infusion Pump

If you, a friend or family member have experienced problems after receiving any of these pain management devices after arthroscopic surgery, request a free shoulder pain management pump lawsuit consultation.

The lawyers at Saiontz & Kirk, P.A. currently represent a number of clients who are pursuing shoulder pain pump lawsuits after developing the debilitating loss of shoulder cartilage known as chondrolysis. Studies have linked the intra-articular use of pain pumps, which deliver medication directly into the shoulder after surgery, to the painful and irreversible cartilage damage.

A number of shoulder pain pump chondrolysis lawsuits have been filed throughout the United States against the makers of these pain pumps, also known as shoulder pain balls, as well as against various manufacturers of different anesthetic drugs.

A petition was previously filed to consolidate all of the federal shoulder pump cases under a procedure known as an MDL, or Multidistrict Litigation. This would have allowed all cases to be centralized before one judge for pretrial proceedings to eliminate duplicative discovery, avoid inconsistent pretrial rulings and to promote judicial economy. If the cases had not resolved during pretrial proceedings, they then would have been remanded back to the original courts where they were filed for trials.

After a hearing last month in San Francisco, California, the Judicial Panel on Multidistrict Litigation ruled that the cases should not be consolidated. Although the cases all involved the common issue of whether shoulder pain pumps cause chondrolysis, the panel suggested that the cases involved too many different companies who made the pumps and anesthetic drugs to justify centralization.

SHOULDER PAIN PUMP CHONDROLYSIS LAWYERS

The lawyers at Saiontz & Kirk, P.A. are continuing to investigate new cases for individuals who received a shoulder pain pump or pain ball after arthroscopic surgery and subsequently developed chondrolysis or cartilage damage. Because this condition is rare, and many doctors are not familiar with the diagnosis, potential cases are also being investigated and reviewed for individuals who have developed a new onset of pain, popping, clicking and grinding during the months after shoulder surgery, as these could be signs of cartilage loss.

If you, a friend or family member have developed symptoms of chondrolysis after arthroscopic surgery, request a free lawsuit evaluation.

>>INFORMATION: Shoulder Pump Lawsuits

Several cases have been filed in different federal courts throughout the country on behalf of individuals who have developed severe and debilitating cartilage loss, known as chondrolysis, following use of the pain pumps after arthroscopic shoulder surgery. Research has established a link between the intra-articular use of infusion pumps which deliver pain medication directly into the shoulder joint after surgery, to an irreversible deterioration of cartilage.

A Multidistrict Litigation operates in a very similar fashion to how a Shoulder Pain Pump Class Action Lawsuit would be handled. However, every individual lawsuit filed remains an individual case. If an MDL is formed, which most shoulder pain pump lawyers agree will occur, all of the cases will be transferred to one judge to oversee pre-trial proceedings. If the cases do not resolve and trials are necessary, each case will be remanded back to the court where it was filed for a jury trial as an individual lawsuit.

SHOULDER PAIN PUMP LAWYERS

While there are only a handful of shoulder pain pump lawsuits which have been filed to date, potentially hundreds of other cases will be filed after an MDL is formed. The Shoulder Pain Pump lawyers at Saiontz & Kirk, P.A. are investigating potential cases for individuals who received an infusion pump after arthroscopic surgery and have been diagnosed with PAGCL, chondrolysis, cartilage loss or who have suffered symptoms of cartilage problems more than three months after surgery.

If you, a friend or family believe you may be suffering from shoulder problems that could be linked to the use of a pain pump after surgery, request a free consultation and claim evaluation.

The special federal procedure, known as a multi-district litigation or MDL, is common in complex product liability cases where multiple lawsuits have been filed by involving one or more common questions of fact. In many ways, an MDL is handled similar to how a shoulder pain pump class action suit would be handled, with coordinated and pooled discovery However, each of the cases remain individual lawsuits and if they do not settle or otherwise resolve during pre-trial proceedings, the cases will be remanded back to the original courts for trial.

Shoulder pain pump lawsuits have been filed throughout the United States on behalf of individuals who have developed a condition known as post-arthroscopic glenohumeral chondrolysis or PAGCL. The use of intra-articular pain pumps to deliver medication to the shoulder after a shoulder arthroscopy has been linked to the painful and debilitating condition where the cartilage in the shoulder joint progessively deteriorates.

Symptoms of post-arthroscopic glenohumeral chondrolysis often begin to appear months after the surgery, as the shoulder begins to be used more. The loss of shoulder cartilage could result in pain, popping, clicking, grinding, loss of range of motion or loss of strength. The cartilage destruction is permanent, and in many cases a shoulder replacement surgery is necessary

The shoulder pump lawyers at Saiontz & Kirk, P.A. have been investigating potential lawsuits involving the development of PAGCL since August 2007 and new cases are still being evaluated. If you, a friend or family member have experienced severe shoulder problems or cartilage loss following arthroscopic shoulder surgery, request a free consultation and claim evaluation.

In recent years, some doctors have elected to prescribe a shoulder pain pump as an alternative to narcotic pain medications. A disposable pump and catheter are put in place to deliver medication directly to the surgical site for a few days after shoulder arthroscopy. However, the manufacturers of the shoulder pain pumps failed to warn that they could lead to the development of glenohumeral chondrolysis, which is a severe and life-altering problem.

Also known as PAGCL, glenohumeral chondrolysis involves progressive shoulder cartilage loss. This causes severe pain and loss of motion which begin to appear during the months after arthroscopic shoulder surgery. Cartilage loss symptoms could include:

• Shoulder pain
• Clicking, Popping or Grinding
• Stiffness or Weakness
• Decreased Range of Motion

A chondrolysis diagnosis may be made after xrays reveal concentric, global glenohumeral cartilage loss, with bone on bone contact between the humeral head and glenoid. There is no cure for the post-shoulder arthroscopy cartilage loss, and the damage can not be reversed. Treatments such as activity modification, anti-inflammatory medications and physical therapy may be recommended, but are often not successful in relieving the severe pain and limitations caused by the condition. In most cases, chondrolysis leads to a shoulder arthroplasty, or total shoulder replacement surgery.

SHOULDER CARTILAGE LOSS LAWSUITS

The product liability lawyers at Saiontz & Kirk, P.A. are reviewing potential shoulder arthroscopy pump lawsuits for cartilage loss. If you, a friend or family member have experienced problems after the use of a shoulder pain pump, financial compensation may be available. There are no fees or expenses unless a recovery is obtained. Request a free shoulder pain pump claim evaluation.

The Alaris/Medley infusion pumps are often used in hospitals or other medical facilities through an IV (intravenous), IA (intr-arterial) or epidural. The hospital infusion pumps were distributed to facilities throughout the United States, and the recall applies to over 200,000 devices worldwide.

The hospital infusion pump recall was issued because the Alaris pumps could contain misassembled occluder springs, which is used to control the flow of medication. The springs could be bent, broken, nested or missing, which may result in too much medication or fluid being delivered. The FDA has classified the action as a Class 1 recall, since use of the defective Alaris/Medley infusion pumps involve a reasonable probability of serious injury or death.

Overinfusion is difficult for the hospital or medical provider to detect. The defective infusion pump springs could work intermittently, and there is no warning or alert that the device is delivering too much of the fluid.

Cardinal Health issued the infusion pump recall after receiving complaints of device failure and reviewing service data. Several injuries have been reported, with at least two deaths associated with the use of the hospital medication pumps.

Initially the company recommended that hospitals and medical facilities run an occluder pressure test to identify defective pumps, but the test is not effective in detecting all of the devices with misassembled occluder springs. Further inspection by the company is required, so they have now recalled all devices, which must be returned for repairs.

In a press release, Cardinal Health indicated that they are working on improvements to the design and manufacture of the infusion pumps to minimize the possibility of future defects in the assembly of the springs. Cardinal Health is a global healthcare company which is based in Dublin, Ohio. The $87 billion company ranks near the top of the Fortune 500, and is one of the largest distributers of prescription medications and medical supplies throughout the world.

HOSPITAL PUMP RECALL LAWSUITS

The product liability lawyers at Saiontz & Kirk, P.A. are reviewing potential hospital infusion pump lawsuits for any individuals who have suffered an injury due to a defective or malfunctioning infusion pump. To review a potential claim with one of our attorneys, request a free consultation.

>>INFORMATION: Shoulder Pain Pump Complications

Postarthroscopic glenohumeral chondrolysis, also known as PAGCL, is a rare condition which has been linked to the use of shoulder pumps which deliver pain medication directly to the joint following arthroscopic shoulder surgery. PAGCL causes a progressive deterioration of cartilage in the shoulder, which can not be repaired or replaced. Therefore, some individuals have required a shoulder replacement several months after undergoing an arthroscopic shoulder surgery to address minor shoulder problems.

Shoulder replacement surgery is a very serious operation which is much less than knee replacement or hip replacement. Only about 23,000 people undergo a shoulder replacement surgery each year, compared to over 700,000 who have a knee or hip replacement surgery.

Artificial shoulder surgery started in the 1950s to treat severe shoulder fractures and severe joint pain. The shoulder joint is normally covered with smooth cartilage which allows the shoulder to rotate and move in more ways than any other joint in the body. Shoulder arthroplasty is a surgical shoulder joint replacement, which is an extensive surgery requiring general anesthesia and several days of hospitalization.

SHOULDER REPLACEMENT SURGERY LAWSUITS

The lawyers at Saiontz & Kirk, P.A. are pursuing lawsuits for individuals who have required a shoulder replacement surgery to relieve severe pain caused by cartilage loss after use of a shoulder pain pump. Request a free consultation and claim evaluation for additional information, or to find out if you, a friend or family member may have a claim.