Virginia Injury Lawyer Blog

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Pain Pump Litigation

7/1/2009
Julian Bonitto
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Pain Pump Lawsuit Patrick vs I-Flow Corporation

Sheri Patrick underwent arthroscopic surgery on her shoulder on September 2, 2004 and was treated with the On-Q Painbuster after her surgery. The pain pump is manufactured by the I-Flow Corporation and provided medication directly into her shoulder joint. Another surgery was needed approximately two and a half years later and as before the On-Q Painbuster was implanted into her shoulder joint.


It is intended that the pain pump help with the recovery of patients after they have a shoulder surgery, but the pain pumps are being used in the wrong way according to the Food & Drug Administration. I-Flow Corporation instructs surgeons to implant the pain pump via a catheter directly into the shoulder joint, yet these directions were denied pending unproven safety to the patient.


It has now been proven that insertion of the pain pump into the joint causes cartilage to burn away in the shoulder and the bones to grind. Patrick has already undergone additional surgeries, which includes a complete shoulder joint replacement. It has been proven that the surgeon used the pain pump in a manner consistent with the instruction of the manufacturer.


The first claim filed against the I-Flow Corporation is for not warning the medical community of its product's failure. The labeling of the pain pump failed to disclose the necessary information of the device's effectiveness and upon insertion into the joint can cause serious and permanent damage.


The second claim filed was for negligence. The use of the pain pump was never approved by the FDA and entirely rejected.


The third claim was filed by Sherri Patrick for relief upon the pain and suffering from the permanent damage to her shoulder. Wade alleges he suffered the loss of love, affection, support, protection, services, care, and marital relationship.


The plaintiffs demand on judgment for economic and non-economic damages in excess of $75,000. All amounts are to be determined by a jury.




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