Shoulder Pain Pump Litigation: Request for Class Action-like Consolidation Renewed

By Austin Kirk
Posted December 2, 2009

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A renewed motion for consolidation and coordination of the federal shoulder pain pump litigation has been filed with the U.S. Judicial Panel for Multidistrict Litigation. A group a lawyers representing plaintiffs with cases across the country indicate that the lawsuits should be transferred to one judge for pretrial proceedings, where they would be handled in a manner similar to how a shoulder pain pump class action lawsuit would be managed.

>>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.