Pain Pump Lawsuits Over Shoulder Joint Cartilage Damage
Author: Kalur Law
Published: 2009/01/13 - Updated: 2026/02/23
Publication Type: Announcement
Category Topic: Recalls, Warnings, Advisories - Related Publications
Contents: Synopsis - Introduction - Main - Insights, Updates
Synopsis: This information covers the growing wave of lawsuits filed against major pain pump manufacturers alleging that their devices, which deliver continuous local anesthetic directly into the shoulder joint after surgery, cause chondrolysis - a permanent and painful destruction of cartilage that does not regenerate. The article cites warnings from the American Academy of Orthopaedic Surgeons (AAOS), Health Canada, and published research by Dr. Charles Beck in The American Journal of Sports Medicine showing that 63 percent of patients who received intra-articular pain pumps developed chondrolysis. It also references research by Dr. Constance Chu, a leading cartilage injury researcher featured in Orthopedics Today, who recommended avoiding continuous intra-articular infusion of local anesthetics entirely. The lawsuits allege that manufacturers including Stryker Corporation, I-Flow Inc., and others failed to conduct basic safety testing and withheld from surgeons the fact that the FDA had denied clearance to market these devices for use in the shoulder joint - making this a critical resource for patients who have undergone shoulder surgery with a pain pump and are experiencing unexplained joint deterioration or disability - Disabled World (DW).
- Topic Definition: Chondrolysis
Chondrolysis is a rare and serious medical condition involving the rapid and progressive destruction of articular cartilage within a joint, most commonly the shoulder, resulting in permanent loss of joint function, chronic pain, and significant disability. In the context of pain pump litigation, chondrolysis has been linked to the continuous intra-articular infusion of local anesthetics such as bupivacaine and lidocaine delivered by elastomeric or electronic pain pump devices placed directly in the shoulder joint space following orthopedic surgery. Because cartilage does not regenerate once destroyed, chondrolysis caused by pain pump use results in irreversible damage, and the condition was rarely observed in post-operative shoulders before these devices came into widespread use. Medical organizations including the American Academy of Orthopaedic Surgeons and Health Canada have issued warnings about the toxicity of local anesthetics to articular cartilage when delivered through continuous joint infusion.
Introduction
Pain Pump and Local Anesthetic Lawsuits
Kalur Law Office filed six lawsuits on Jan. 8, 2009, in Arizona Federal Court on behalf of patients injured following the use of a medical device called a 'pain pump'. The lawsuits add to the growing number of cases across the country against some of the nation's largest pain pump manufacturers, including Stryker Corporation (NYSE: SYK), I-Flow Inc. (Nasdaq: IFLO), DJ Orthopedics Inc., Sorenson Medical, McKinley Medical, LLC, Moog, Inc. (NYSE: MOG.A), Curlin Medical, Inc. (a subsidiary of Moog), and Breg Inc. (a subsidiary of Orthofix International N.V. (Nasdaq: OFIX). The plaintiffs allege the products developed by these companies result in a lifelong and painfully debilitating injury to the shoulder.
Main Content
According to the lawsuits, the injuries are a direct result of the pain pump delivering local anesthetics into the shoulder joint. Plaintiffs allege device manufacturers failed to warn the medical community that use of the pain pump directly in the shoulder joint could permanently damage the shoulder. Some pain pump manufacturers sought U.S. Food and Drug Administration (FDA) approval to use the pumps in the shoulder joint, but failed to disclose to doctors that the FDA denied clearance to market the device for this use on numerous occasions.
The lawsuits allege none of the device or drug companies conducted basic safety tests on animals or humans to see if use of the pain pump in the shoulder joint was safe and effective. The lawsuits also claim pain pump manufacturers withheld this information from orthopedic surgeons who used the pain pumps on patients following shoulder surgery.
Plaintiffs allege that after receiving the pain pump they developed a condition called chondrolysis, a permanent disability in the shoulder joint caused by the destruction of cartilage. Once cartilage in the shoulder is destroyed, it does not regenerate. This condition was rarely seen in post-operative shoulders prior to the use of pain pumps.
The pain pump devices, manufactured by named defendants, deliver high and continuous dosing of local anesthetic directly to the shoulder joint space. According to several medical experts, the continuous infusion of local anesthetic drugs delivered by the pain pump into the shoulder joint should be avoided, as studies show it causes permanent irreversible damage to the shoulder.
In June of 2008, the American Academy of Orthopaedic Surgeons (AAOS) issued a statement alerting surgeons of the risk posed to their patients by the use of post-operative pain pumps inside the joint space. The AAOS statement warns of the toxicity to articular cartilage of local anesthetics, such as bupivicane and lidocaine that are delivered by the pain pump.
In January 2009, Health Canada, the Canadian government counterpart to the FDA, published a "Canadian Adverse Reaction Newsletter," urging surgeons to refrain from using post-operative pain pumps for continuous infusion of the joint space with local anesthetics, and to follow the recently revised manufacturer's instructions to that effect.
"The support provided by the internationally recognized American Academy of Orthopaedic Surgeons (AAOS) as well as by the Canadian government is critically important for our clients and any future shoulder patients' safety," said Laura Kalur, one of the lead attorneys in these cases. "It helps assure injured patients nationwide and world-wide that they aren't alone in this fight."
Dr. Constance Chu, a leading researcher in cartilage injury, was recently interviewed in the November issue of Orthopedics Today about her series of research articles on the issue of the toxicity of continuous infusion of local anesthetics on cartilage. Dr. Chu recommends avoiding continuous use of local anesthetics through intra-articular infusion, as studies show it results in permanent damage.
In late 2007, Dr. Charles Beck, a well-respected orthopedic surgeon, published an article in The American Journal of Sports Medicine, demonstrating a strong association between the use of high volume pain pumps following shoulder surgery and the loss of hyaline cartilage in the shoulder joint. Dr. Beck's article was a retrospective study of patients who had received pain pumps in the shoulder joint space and showed an alarmingly high incidence of chondrolysis - 63 percent of patients who received intra-articular pain pumps suffered chondrolysis.
To date, more than 100 lawsuits are pending across the country, alleging similar claims against pain pump manufacturers.
Insights, Analysis, and Developments
Editorial Note: The pain pump litigation represents one of the more troubling examples of what can happen when medical device manufacturers push products into widespread clinical use without adequate safety testing or transparent communication with the surgeons who rely on their guidance. These were not obscure devices used in rare procedures - pain pumps were routinely placed in shoulder joints following common orthopedic surgeries, and patients trusted that basic due diligence had been done. The fact that the FDA had denied clearance for this specific use on multiple occasions, and that manufacturers allegedly failed to disclose those denials to doctors, raises serious questions about accountability in the medical device industry. For the patients left with permanent shoulder disability from cartilage destruction that was virtually unheard of before pain pumps entered the picture, the consequences are lifelong - chondrolysis cannot be reversed, and the resulting loss of joint function can affect everything from daily tasks to employment and independence - Disabled World (DW).Attribution/Source(s): This quality-reviewed publication was selected for publishing by the editors of Disabled World (DW) due to its relevance to the disability community. Originally authored by Kalur Law and published on 2009/01/13, this content may have been edited for style, clarity, or brevity.