The I-Flow Corporation, manufacturers of the pain pumps that have come
under legal scrutiny, filed a motion for a new trial with Multnomah County
on February 19, 2010. This comes on the heels of the January 22, 2010,
verdict against the I-Flow Corporation. In that trial, lead attorney John
Coletti won a $5.4 million verdict for his clients, Matt & Krista Beale.
In the late 1990s it became popular among surgeons to insert the pain pumps
directly into the joints following shoulder surgery. Unfortunately, many
patients developed chondrolysis, a debilitating and irreversible degeneration
of the joint cartilage. Hundreds of lawsuits against the pain pump manufacturers,
including I-Flow Corporation and McKinley Medical, are underway, and in
November 2009 the FDA issued a warning to the medical community to stop
using pain pumps in joints.
Still, I-Flow Corporation believes it did not receive a fair and thorough
trial in Multnomah County. The company claims the plaintiff did not definitively
prove its pain pump actually caused the joint cartilage to decay. I-Flow
also feels its failure to warn the surgeon, Dr. Brooke Benz, about the
possible risks of inserting the pain pump into the joint did not cause
the patient’s injury, and so it should not be held responsible.
I-Flow believes much of the blame should be placed on Dr. Benz and that
the court failed to acknowledge this.
The motion will go before a judge on March 19, 2010.