pain pump lawsuit information

Michael Colbach

Oregon Injury Attorney

503.243.1900

434 NW 19th Avenue

Portland, OR  97209 

Injury Law Links

Q: What is a “pain pump?”

A: A pain pump is a device often inserted after surgery, designed to deliver medication directly to the surgical wound site or in close proximity to the nerves associated with the surgical area for post-operative pain management. The pain pump infuses the medication at an hourly flow rate or combination of an hourly flow rate and controlled doses.  Pain pumps have become popular because of their ability to reduce recovery time without the unpleasant side effects of many narcotic pain relievers However, recent studies have shown that pain pumps, particularly when inserted in the shoulder area,  may deliver too much medicine, destroying valuable cartilage and leading to a painful condition known as Postarthroscopic Glenohumeral Chondrolysis. (PAGCL).

Q: What exactly is PAGCL?

A: Postarthroscopic Glenohumeral Chondrolysis is a specific type of chondrolysis that is associated with pain pumps and shoulder surgery.  PAGCL can cause severe pain and stiffness in the affected shoulder, along with limitations on range of motion, reduced strength and the need for constant pain management. PAGCL occurs when the cartilage located within the shoulder joint begins to deteriorate, and has no consistently successful treatment; often resulting in permanent shoulder pain and loss of mobility.

PAGCL is one of the most common complications following shoulder surgeries – but it only occurs in patients who received a shoulder pain pump filled with bupivacaine and epinephrine during their surgery. In fact, studies now suggest that perhaps more than half of all arthroscopic shoulder surgery patients who receive a post-operative pain pump may develop PAGCL. It is not uncommon for patients afflicted with PAGCL to require repeat surgical procedures, and the condition may ultimately require shoulder joint replacement surgery.  

Q:  Who is most likely to develop this complication?

A:  There is no way to determine who will develop PAGCL-- this devastating condition does not discriminate. Athletes as young as 18, as well as elderly people with compromised health have reported this extremely painful condition after arthroscopic surgery.

Q: Does PAGCL only affect shoulder joints?

A: No. Post-operative cartilage loss can affect other joints in the body, including the knees, ankles and hip, though it appears to be most common or susceptible in the shoulder joint.

Q:  I had a pain pump after shoulder surgery recently-- what symptoms should I watch for?

A:  Anyone who has used a pain pump to regulate pain following shoulder, knee, hip, ankle or back surgery should consult their doctor if they are experiencing any of the following symptoms: 

continuous pain;

weakness in the shoulder joint;

clicking, popping or grinding in the shoulder;

decreased range of motion in the shoulder.

Symptoms usually present about 3-12 months after the initial surgery and pain pump insertion.  You should consult with an attorney as soon as you notice any of these symptoms.

Q:  How is PAGCL diagnosed?

A:  PAGCL is usually diagnosed with an x-ray showing the narrowing of the shoulder joint space where the cartilage has eroded.  PAGCL is one of the most common complications that can follow shoulder surgeries, and it can cause life-long disability.

Q:  How is PAGCL treated?

A:  The only treatment for PAGCL is more surgery. Patients who have not lost all of their cartilage say they feel better with the use of anti-inflammatory medications. Those patients who have lost most or all of their cartilage will require shoulder replacement shoulder, usually with plastic and metal parts.

Q:  Is there any action being taken against the manufacturers of pain pumps?

A:  Numerous lawsuits have been successful and are still pending against the companies that manufacture, market or distribute the pain pumps, including Medtronic, Stryker, DJO Inc., I-Flow Inc., BREG Inc. and others. Included among the many claims in the lawsuits are the allegations that the manufacturers failed to instruct or warn the U.S. medical community that they had not established that it was safe to use the pain pumps in the shoulder joint space, or that the continuous injections of commonly used anesthetics may cause permanent injury.

Q:  Should I talk to an Oregon lawyer?

A:  If you or a family member have been injured by an intra-articular pain pump, if you have been diagnosed with PAGCL, or if you are experiencing the symptoms associated with PAGCL, you may have a claim against the manufacturers of these pain pumps, such as Medtronic, Stryker, DJO Inc., I-Flow Inc., and BREG Inc.  A skilled lawyer will give you a free consultation to determine whether or not you have a case or are eligible to join a class-action suit already in progress.

Q:  How much will it cost me to hire a lawyer?

A: Most lawyers handling this type of case work on a contingency fee, meaning that you will only have to pay your lawyer if your case is successful and you make a recovery from the manufacturer of the pain pump.  A lawyer should give you a free consultation to determine whether or not you have a case, and discuss how the contingency fee would work.  

Q:  How long do I have to file a lawsuit after being injured from a pain pump?

A:  It depends on which state you live in, and the laws affecting the statute of limitations.  States range from 2 to 6  years from the time you discovered the injury, so it is important to contact an attorney as soon as you develop any of the symptoms of PAGCL.

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