An Oregon man, Mr. Matthew Beale, has been awarded the sizable sum in a product liability suit against Kimberly-Clark which owns the company, I-Flow Corp. According to the lawsuit, I-Flow encouraged surgeons to insert a "pain pump" which supplies pain medication via a catheter to the affected area.
A jury has found that this pain pump is responsible for destroying the cartilage in Mr. Matthew Beale's right shoulder leaving the thirty-eight year old father of four permanently disabled. The story began in 2004 when Mr. Beale picked up a muscle injury playing football with his kids. He underwent arthroscopic surgery to repair the muscle at which time the surgeon also inserted the pain pump into the shoulder joint where it delivered medicine for several days. Mr. Beale began to recover but after six months found himself in excruciating pain. Mr. Beale now suffers from a condition called chondrolysis which is a severe deterioration of cartilage. Essentially, his shoulder cartilage has been eaten away leaving "bone on bone" friction.
In November, after hearing of many chondrolysis cases, the FDA stated that they have never approved such devices for prolonged infusion of medicine to joints.
This case will set a tough precedent for Kimberly-Clark and I-Flow since they are currently facing hundreds of similar lawsuits from victims suffering from chondrolysis. Attorneys for the plaintiff were successful in proving that I-Flow did not conduct sufficient testing, nor did it warn of the potential dangers.