MARSHALL-After undergoing two arthroscopic surgeries on his shoulder, the surgeon implanted a pain pump into Michael Johnson's joint cavity.
The pump injected a pain relief medication directly into his shoulder joint on a continuous basis for up to 72 hours following his surgeries.
Johnson claims the pain pump caused his shoulder cartilage to disintegrate, eventually resulting in a full shoulder joint replacement. Johnson states had he known the side effects of the pain pump, he nor his surgeon would have used the device.
Arguing the medical device was unreasonably and dangerously defective, Johnson filed suit against Moog Inc., Stryker Corp. and Stryker Sales Corp., McKinley Medical, Curlin Medical and Linvatec Corp. on Feb. 26 in the Eastern District of Texas, Marshall division.
Johnson states that defendants did not warn him or his surgeon about the risk associated with using the pain pump in this manner. 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 negligence and strict product liability, including design, defect, and failure to warn
The plaintiff is seeking damages in excess of $75,000 for economic and non-economic damages.
Johnson is also asking the court to award punitive damages.
Tyler attorney John F. (Jack) Walker III of the law firm Martin Walker PC is representing the plaintiff.
U.S. District Judge T. John Ward will preside over the litigation.
Case No 2:10cv00067