Man sues maker of pain pump after severe cartilage damage

Michelle Massey, East Texas Bureau Mar. 2, 2011, 9:35am

After discovering severe cartilage damage, a Thicket city resident is suing the manufacturers of a pain pump that was implanted in his shoulder.

Wesley Young filed suit against Breg Inc. on March 1 in the Eastern District of Texas, Beaumont Division.

According to the lawsuit, Young underwent surgery to his right shoulder on Dec. 20, 2005, and a pain pump designed, manufactured and sold by defendant was implanted into his shoulder.

The pain pump injects pain relief medication via catheter directly into his shoulder joint on a continuous basis, for up to 48 hours following surgery. The pump is designed to use with common anesthetics such as lidocaine or Marcaine.

However, Young states these drugs cause permanent damage to cartilage. Specifically, he argues that the pain pump results in a chondrolysis which is a narrowing of the joint space with a complete loss of cartilage in the joint.

Young states that neither he nor his surgeon was aware of the risks and dangers associated with the pain pump. Further, he argues that the Food and Drug Administration has specifically prohibited the marketing of pain pumps with anesthetics for placement into the joint cavity.

The complaint alleges that the defendants are liable for fraudulent concealment, strict liability, negligence and breach of warranty.

The plaintiff is seeking damages for pain and suffering, mental anguish, medical expenses, disfigurement, physical impairment, lost earning capacity, interest and court costs.

Young is represented by Christopher Kirchmer of Provost Umphrey Law Firm in Beaumont.

A jury trial is requested.

Case No. 1:11-cv-00105

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