Colin King obtains important verdict in "pain pump" litigation

24 July 2012 Published in News

Dewsnup, King & Olsen's Colin King, joining forces with senior litigators of Parsons Behle & Latimer, obtained an important verdict against Breg, Inc., an orthopedic product manufacturer, in the nationwide "pain pump" products liability litigation. Hundreds of orthopedic surgery patients across the country, including many young patients, such as the plaintiff, Eric Hackett, suffered chondrolysis, a disabling and irreversible destruction of the shoulder joint, caused by the continuous infusions of toxic anesthetic medications via "pain pumps" following surgery.

Breg, Inc. and other pain pump manufacturers promoted pain pumps for use in the joint space following orthopedic surgery without ever having tested pain pumps for safety when used in the joint, and in direct contravention of FDA directives not to promote pain pumps for use in the joint. In Hackett v. Breg, Inc., the jury determined the Breg, Inc. was negligent for promoting its pain pump for use in the joint, and that Breg's negligence caused Eric Hackett to suffer chondrolysis. The jury's findings sent an important message to medical device manufactureres who sell their products without regard for patient safety.