Mass Action Lawsuit for Pain Pumps Dismissed

January 20, 2011 – According to the publication Civil Trials & Evidence News, a mass action lawsuit for pain pumps has been dismissed in California. After 141 plaintiffs claimed they sustained injuries from pain pumps that were used to infuse anesthetics into their shoulder joints during orthopedic surgery, a Los Angeles federal judge found too many variables to let the case continue.  The plaintiffs were given the option to re-file their lawsuits individually if they are within California’s 2-year statute of limitations for negligence and strict liability claims.  The “mass action” lawsuit, which stems from 37 different states, involves several pain pump manufacturers. The plaintiff’s claims were based on:

  • defective design;
  • negligent misrepresentation;
  • deceptive trade practices;
  • failure to warn; and
  • breach of warranty.

Because the cases were unrelated and included different doctors in different hospitals to correct a variety of injuries, the lawsuit has been dismissed. In addition, there were 14 manufacturers named for the defective pain pumps along with 8 different anesthesia makers with no identification made between the specific defendant and the injured plaintiff.   Filing a mass action lawsuit or any other type of product liability lawsuit is complicated and requires the experience and knowledge of a New York product liability attorney. Consulting with a New York product liability attorney should be your next step if you believe a defective medical device caused your injuries.

Contacting a New York Product Liability Attorney

When you have sustained a serious injury or lost a loved because of a defective medical device you are entitled to seek compensation for your damages and suffering. Consulting with a New York product liability attorney can help you better understand your rights, determine liability for your injuries and decide if filing a defective medical device claim is right for you.  At Gacovino Lake & Associates we have formed a dedicated network of product liability attorneys that serve clients nationwide. Our New York office serves residents of the 5 boroughs with their auto accident, medical malpractice, defective drug, premises liability and Workers’ Compensation claims. For experienced help with your defective medical device claim, contact us today– 1-800-246-4878.


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