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Shoulder pain pumps that are used after shoulder surgery have been linked to a very painful condition known as Postarthroscopic Glenohumeral Chondrolysis, or PAGCL. Many lawsuits have already been filed against the manufacturers of these devices and legal experts say that many more are likely to follow. As more has become known about the relationship between the devices and PAGCL, many patients who were exposed to pain pumps years ago are wondering what statute of limitations apply to these cases.

Statutes of limitation vary by state

Statutes of limitation, the maximum period of time allowed for filing a lawsuit, vary greatly by state. In addition, many states have a discovery rule, which means that the statute of limitation doesn’t start tolling, or acruing, until after someone discovers that they have been injured.

It’s a very important aspect to PAGCL cases, according to Ted Meadows, an Alabama attorney whose firm has been monitoring these cases for several years. According to Meadows, “Figuring out what statutes of limitation apply is a big part of what we’re doing right now as we’re getting more cases in. Of course, each state has its own law, but most states have a discovery rule, so we’re still okay because my current clients didn’t know about the potential for a case until just recently. However, there are some states that do not have a discovery rule, so options in those states may be limited.”

Find out what options are available

Consumers who think that they may have been adversely affected by a pain pump should find out what options are available to them. Meadows provided the advice to consumers, “I think the main thing would be to let a lawyer take a look at their situation. Given what we’re seeing with respect to the medical community’s manufacturer-induced ignorance of the problems associated with intra-articular pain pump usage, having a lawyer take a look their situation to see if they might have a case could not hurt.”

Meadows was quick to add that there are no costs involved for a consumer to contact his firm for a consultation. He said, “If they were to call me, we would do our own investigation by having them fill out a form and gather medical records to let them know as quickly as possible whether or not we think they might have a claim. It wouldn’t cost them anything. We work off a contingency basis, which means that we don’t collect anything unless we recover for the client.”

If you have experienced any of these conditions after using a pain pump, contact an attorney to discuss your situation. For a free, no-obligation consultation with a qualified attorney whose practice focuses in this area of law, please click here.