Shoulder pump lawsuits are likely to be consolidated

Harvey Kirk

By Harvey Kirk
Posted July 31, 2008

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Arguments will be heard today before the Judicial Panel on Multidistrict Litigation about whether to consolidate all shoulder pump lawsuits into a “class action” like system where they will be overseen by one judge for pretrial litigation. The federal procedure, known as Multidistrict Litigation or an MDL, is common in complex product liability and medical device litigation where a number of lawsuits have been filed with a common factual background. The court will consider whether to consolidate the Shoulder Pump litigation in Oregon or the Eastern District of Kentucky.

>>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.

4 Comments • Add Your Comments

  • Kimberly says:

    I had surgery on August 13, 2004. I had a pain pump but it was in my belly button but I have suffered a lot of shoulder pain. I just thought it was old age. I had my uterus took out.

    Posted on August 5, 2008 at 5:59 pm

  • Doug says:

    I had Major Reconstructive Rotator Cuff surgery May 1st of 2008.
    Within 4-5 weeks my arm & shoulder were and still are far worse than pre-surgery.
    Grinding, popping and major loss of Range of Motion are my symptoms accompanied by constant ache and sharp pains with every movement of right arm.

    Posted on August 12, 2008 at 8:48 pm

  • Raymond says:

    I had shoulder surgery in 1995 ( momphured procedure ) all was good. In 2003 was told I had bone spurs and needed arthroscopic surgery.
    Well when they went in with the scope they pulled it out and cut me open – said I had 2 many spurs to use scope. They still used a pain pump for the first day or two. They said I wil always have shoulder pain. I have constant poping and grinding, when I go to lift heavy things it feels like pulling on your finger to make it crack but doesnt. Its getting harder and harder to function, But I have 3 kids so I have to keep working and moving that shoulder till I cant.

    Posted on August 25, 2008 at 6:02 pm

  • Charlene says:

    I had Rotator Cuff surgery on my r-shoulder, I had the pain pump, I had more pain after surgery than I had before, After the pain pump was taken out, I felt more relieved, I had grinding and pop severe pain, The doc. told me, Well the men that have this surgery get over this in 6 wks, The grinding and popping lead to a 2nd, surgery on the same arm same place, I ask why I didn’t have the pain pump on this surgery, they told me they packed the moriphine into my should prior to closing it up, I still need a 3 surgery due to the pain The last Doctor that did my evaluation for the insurance company told me, It would do more damage to fix the problem I would have to learn to live with the pain.

    Posted on September 24, 2008 at 12:00 am

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