Pain Pump “Class Action” MDL Petition
In May 2008, a petition was filed with the Judicial Panel on Multidistrict Litigation to have all shoulder pain pump lawsuits involving the development of shoulder chondrolysis, also known as PAGCL, consolidated before one judge. The Judicial Panel on Multidistrict Litigation is a special body within the United States Federal Court System which has the power to transfer similar pending lawsuits from multiple districts to a single judge in a single jurisdiction for pretrial proceedings.
This lawsuit consolidation procedure, known as a multidistrict litigation (MDL), is commonly formed when there are multiple federal lawsuits involving common underlying facts. Although an MDL and a class action are, in many ways, handled similarly, they are not the same thing. With an MDL, each individual case remains a stand alone lawsuit. Any individual cases in an MDL that do not settle or otherwise resolve themselves during pretrial proceedings will be remanded back to the courts where they were originally filed for trial.
In August 2008, the petition to consolidate all federal shoulder pain pump lawsuits was denied. The MDL panel found that, although the shoulder pain pump cases all involve the common question of whether the devices cause the development of Postarthroscopic Glenohumeral Chondrolysis (PAGCL), consolidation was not appropriate given the number of different pain pump manufacturers involved and the different anesthetic drugs used. As a result of that ruling, shoulder pain pump lawsuits have remained separate and have been proceeding as individual cases.
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Dangerous Product Alert
Current Pain Pump Litigation
At the end of 2008, more than 75 shoulder pain pump lawsuits had been filed in various federal courts throughout the country, and additional shoulder pain pump lawsuits continue to be filed this year. The shoulder pain pump lawsuits allege, among other things, that shoulder pain pumps cause shoulder chondrolysis (PAGCL); that manufacturers and drug companies have been promoting shoulder pain pumps for a direct delivery procedure specifically prohibited by the FDA; and that shoulder pain pump manufacturers failed to warn the U.S. medical community that the safety of using the pain pumps in the shoulder joint had not been established.
Contact A Pain Pump Lawyer
If you or a family member has suffered from arthroscopic cartilage damage from a shoulder infusion pain pump and wishes to pursue a shoulder pain pump lawsuit, contact our qualified shoulder pain pump chondrolysis lawyers today for a free and confidential case evaluation.