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Tuesday, January 26, 2010
$4.75 million Verdict in Shoulder Pain Pump Defective Product Lawsuit
Last week, an Oregon jury ordered I-Flow Corp to pay a man $4.75 million for the postarthroscopic glenohumeral chondrolysis (PAGCL) that destroyed cartilage in his shoulder after he used the company's pain pump. The jury found that the company, now a subsidiary of Dallas, Texas-based Kimberly-Clark, encouraged surgeons to use the pump in an unapproved manner that it had reason to believe was unsafe.
According to the verdict, the company encouraged surgeons to use the pump for delivering pain medications directly to the joint space, even though it had never been approved for that use. The Food and Drug Administration (FDA) issued a statement in November stressing that neither the pump nor the medications it infused had been approved for long-term delivery directly into the joint. The FDA's statement came after a thorough review of dozens of cases of PAGCL, 97% of which affected the shoulders.
This verdict represents the first successful defective product verdict against pain pump manufacturers, who face hundreds of lawsuits across the country. Last year, attempts to consolidate the lawsuits were rejected because so many different pain pumps have been targeted by plaintiffs. In addition to I-Flow, numerous pain pump manufacturers have been implicated in lawsuits.
If you had arthroscopic surgery and received a pain pump, you should be aware of the signs of PAGCL, including:
- Pain in the joint
- Stiffness in the joint
- Clicking or grinding with motion
- Decreased range of motion
- Strength loss
If you experience any of these symptoms, report them to your doctor. The only way to know whether you are experiencing PAGCL, though, is with diagnostic x-rays of the affected joint.
If you have had increased or ongoing joint problems after arthroscopic surgery, you may be one of hundreds of people suffering from PAGCL as a result of inappropriate use of a pain pump. The product liability lawyers at the Dallas, Texas office of The Cochran Firm can help you receive compensation for your injuries. Please call or email us today for a free initial consultation.
posted by Benjamin A. Irwin at 11:30 AM
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