The Virginia Supreme Court has ruled that Stryker, the global medical technology giant, has a duty to warn patients of the risks associated with its pain pumps. The company faces numerous lawsuits over its pain pumps used after shoulder surgery that have been linked to PAGCL (Postarthroscopic Glenohumeral Chondrolysis) - a condition that can lead to extreme pain, lifelong suffering and can often be permanent.

Negligent breach of post-sale duty to warn

A Virginia patient who used Stryker's pain pump and suffered severe injuries afterwards sued the manufacturer for failing to warn patients that the medical device could cause PAGCL. He brought the lawsuit in state court and Stryker alleged that his cause of action was not recognized under Virginia state law. However, the Virginia Supreme Court thought otherwise and ruled that the case could proceed because the state would allow a cause of action based on a negligent breach of a post-sale duty to warn.

The court said that, "[I]f a reasonable person in the seller's position would provide a warning after the time of sale, a product seller or distributor who fails to provide such a warning may be liable for any resulting harm." In order to satisfy the reasonable person test, the court said that the plaintiff must prove the following:

1. that the seller knew or should have known of the substantial risk posed by the product,
2. that those who should have been warned were identifiable and were ignorant of the risk,
3. that the seller could have effectively warned the consumer and that the consumer could have acted on that warning, and
4. that the risk of harm outweighed the cost incurred from providing a warning.

What is PAGCL?

PAGCL is a very painful condition caused by the deterioration of cartilage around the shoulder area. Symptoms include a decreased range of motion, shoulder stiffness/weakness, severe shoulder pain, a narrowing of the joint space in the shoulder area and Crepitus, which is a clicking, popping or grinding of the shoulder.

Several studies have been done linking shoulder pain pumps to PAGCL and Stryker, as well as other pain pump manufacturers such as I-Flow, Donjoy and Bregg. Litigation on the issue begins in February 2009 and additional cases continue to be filed against manufacturers for failing to warn consumers of the pump's dangers.

If you've been injured due to a shoulder pain pump, contact an experienced shoulder pain pump attorney to discuss your situation and evaluate your options. Consultations are free, without obligation and are strictly confidential.