Published by If you or a loved one experienced postarthroscopic glenohumeral chondrolysis following shoulder surgery with a pain pump, you may be entitled to pursue compensation.
At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to these defective medical devices. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve.
Contact Schmidt & Clark today for a free, no-obligation consultation.
Intra-Articular Pain Pump Lawsuit Overview
Intra-articular pain pump lawsuits allege that manufacturers failed to warn patients about serious risks associated with these devices.
The litigation focuses on claims that continuous infusion of local anesthetics directly into the shoulder joint caused permanent cartilage damage.
Numerous shoulder pain pump manufacturers including Stryker, DJO Inc., I-Flow, BREG Inc. face lawsuits over these complications, with the FDA issuing safety warnings regarding these devices.
Latest Intra-Articular Pain Pump Lawsuit Updates
- March 2021: A federal judge in West Virginia denied Medtronic's motion to dismiss a lawsuit brought by John David Brumfield, allowing the case to proceed. Brumfield claimed his SynchroMed II infusion pump stopped delivering pain medication in 2018, causing severe withdrawal symptoms. Similarly, another federal judge cleared the way for a product liability lawsuit against Medtronic to proceed, rejecting the manufacturer's effort to dismiss a case involving pump malfunctions that caused severe injuries [1].
- April 2019: Medtronic agreed to create a $35 million settlement fund to compensate approximately 500 people who claimed they were harmed by the company's SynchroMed II implantable drug pump. The settlement involved three law firms negotiating individual settlements from the fund, though distribution was reportedly delayed [2].
FDA Reports and Statistics
The FDA has received over 200 adverse event reports related to intra-articular pain pumps, with the majority documenting cases of postarthroscopic glenohumeral chondrolysis.
Analysis of MAUDE database reports showed:
- 75% of reports involved permanent cartilage damage
- 63% required additional surgical intervention
- 35% resulted in joint replacement surgery
- Multiple FDA safety communications issued between 2009-2015
Intra-Articular Pain Pump Injuries & Side Effects
Intra-articular pain pumps have been linked to severe and permanent shoulder injuries, particularly when used following arthroscopic procedures.
- Postarthroscopic Glenohumeral Chondrolysis: Permanent destruction of shoulder cartilage
- Shoulder Pain and Stiffness: Chronic discomfort and limited range of motion
- Joint Deterioration: Progressive joint damage requiring additional surgeries
- Permanent Disability: Loss of shoulder function affecting daily activities and employment
Related Article: Postarthroscopic Glenohumeral Chondrolysis Lawsuit
See all defective medical device litigations our attorneys have taken on.
Do You Qualify for an Intra-Articular Pain Pump Lawsuit?
You may qualify for an intra-articular pain pump lawsuit if:
- You received an intra-articular pain pump during or after shoulder surgery between 1998-2016
- You experienced severe shoulder pain, stiffness, or loss of motion following the procedure
- You were diagnosed with postarthroscopic glenohumeral chondrolysis or similar cartilage damage
- You required additional medical treatment or surgery to address these complications
- Medical documentation links your injuries to the use of a pain pump
Evidence Required for an Intra-Articular Pain Pump Lawsuit
Strong documentation is essential for these cases, including:
- Medical records confirming pain pump placement during or after surgery
- Surgical notes detailing the exact procedure and pain pump model used
- Diagnostic imaging showing cartilage damage or chondrolysis
- Treatment records for subsequent complications
- Expert medical opinions linking your injury to the pain pump
Damages You Can Recover
Successful intra-articular pain pump claims may recover compensation for:
- Past and future medical expenses related to treatment
- Lost wages and diminished earning capacity
- Pain and suffering from chronic shoulder issues
- Loss of enjoyment of life and disability
- Punitive damages in cases of manufacturer negligence
Which Shoulder Pain Pumps are Affected?
The devices involved include those manufactured by:
- Stryker Corporation
- DJO Inc.
- I-Flow Corporation
- BREG Inc.
- AstraZeneca
- Sgarlato Laboratories
- McKinley Medical
- Kimberly-Clark (PainPump)
- DePuy Pain Control Device
- Broder/Stryker PainPump
- Zimmer
Statute of Limitations for Intra-Articular Pain Pump Lawsuits
Time limits for filing intra-articular pain pump lawsuits vary by state, typically ranging from 1-3 years from the date of injury discovery.
Many states recognize the "discovery rule," which means the statute begins when you discovered (or reasonably should have discovered) that the pain pump caused your injury.
Due to the inactive status of this litigation, new claims are unlikely to be accepted unless exceptional circumstances exist.
Consult with an attorney immediately to determine if any legal options remain available in your specific situation.
FAQs
1. Can I file a lawsuit if I developed PAGCL after using an intra-articular pain pump?
Yes, if you developed PAGCL or other serious complications after using an intra-articular pain pump, you may be eligible to pursue a lawsuit. A lawyer with experience in medical device litigation can help you explore your legal options, though most of these cases have already been resolved.
2. What compensation might be available in an Intra-Articular Pain Pump lawsuit?
Compensation in these cases has typically included recovery for medical expenses, lost wages, pain and suffering, and compensation for permanent disability or loss of function. The amounts of compensation varied based on injury severity and the impact these injuries had on your life.
3. How can I prove that the pain pump caused my injuries?
Proving that the pain pump caused your injuries typically involves gathering medical records, expert testimony, and evidence showing the use of the pain pump in your operation. A lawyer can assist in collecting and presenting the necessary documentation to establish the link between the pain pump and your injuries.
4. Have there been any recalls or warnings issued regarding intra-articular pain pumps?
There have been several warnings and safety notices about the use of these devices issued in joint spaces, particularly in the shoulder. While some manufacturers have issued warnings or updated their product labels, not all of these warnings have been in direct recall format.
5. Are intra-articular pain pump lawsuits still active?
Most intra-articular pain pump lawsuits have been resolved through settlements or dismissals. The litigation is generally considered inactive, with few new cases being accepted. However, if you believe you have a claim, consulting with an experienced attorney can help determine if any legal remedies remain available.
6. What makes a pain pump case stronger than others?
Cases with clear medical documentation linking the device to specific injuries, combined with proper diagnosis of chondrolysis or cartilage damage from qualified specialists, tend to be stronger. The timing between pump use and symptom development is also critical to establishing causation.
7. How long does an intra-articular pain pump lawsuit typically take?
Historically, these cases took 1-3 years to resolve, depending on complexity and whether they settled or went to trial. Since most litigation has concluded, any remaining cases would likely focus on settlement negotiations rather than new trials.
8. What if my doctor never warned me about pain pump risks?
Many cases centered on the lack of adequate warnings from both manufacturers and medical providers. If your medical records show no discussion of potential risks, this could strengthen your claim, as informed consent is a critical element in medical device cases.
Get A Free Intra-Articular Pain Pump Lawsuit Evaluation With Our Lawyers
Time is limited to pursue legal action for intra-articular pain pump injuries, with most state statutes of limitations ranging from 1-3 years from the date of injury discovery. With this litigation largely resolved, any remaining claims require immediate attention.
Our firm offers:
- Free, confidential consultations to evaluate your case
- No upfront costs or fees for our services
- Payment only if we win your case or secure a settlement
Don't wait until it's too late to seek the compensation you deserve for your pain pump injuries.
Reference:
- https://www.aboutlawsuits.com/synchromed-lawsuit-proceeds-2-181857/
- https://www.motleyrice.com/diabetes-lawsuits/medtronic