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Mistrial Declared for Pain Pump Lawsuit

Jul 02, 2012

Barnes v. Breg

CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.
Heart monitor and pill icon - drug and medical device

Since 2007, plaintiffs' attorneys across the country have been filing lawsuits against a handful of medical device manufacturers who make pain pumps, including Breg, Inc.  The purpose of pain pumps is to provide localized post-surgical pain relief by infusing anesthetic directly into the wound site for a few days following surgery.  In this two week trial, the plaintiff claimed that the surgeon's use of a Breg pump for the continuous infusion of local anesthetic following a partial shoulder replacement, into the subacromial space, caused the 33-year-old vascular technologist to develop post-arthroscopic glenohumeral chondrolysis. Breg denied the plaintiffs' claims.  Plaintiff's asked for $800,000 in economic losses, $3,000,000 in pain and suffering, and $7,000,000 in punitive damages. After two days of deliberations, the judge ordered a mistrial on July 2, 2012.

Sandra Giannone Ezell, Richmond, VA was lead trial counsel in Barnes.

Trial Team

  • Sandra Ezell
    Partner, Richmond
    804.819.1156
    Product Liability Litigation, Class Action and Multidistrict Litigation, Toxic Torts and Environmental Litigation, General Liability Litigation, Motor Vehicles, Consumer Products, Medical Device and Pharmaceutical, Chemicals, Cleaners and Pesticides, Industrial Equipment
    Partner, Richmond