When someone is in significant pain that requires constant pain medication, it is not uncommon for a pain pump to be implanted. A pain pump is a medical device that will automatically release pain medication into the blood stream at certain pre-determined time intervals. It can be used for long durations or for short periods of time to help speed up recovery. Unfortunately, defective medical devices can result in life-threatening or disabling injuries for West Virginia residents, which is allegedly what happened to a woman from another state.
According to court documents, the woman had a pain pump implanted on Oct. 7 to help alleviate her spinal pain. Roughly six years later, a dye study was performed on her to examine the pump’s performance. On this same day, the pain pump supposedly malfunctioned, resulting in a discharge of narcotic pain medicine at an overdose level. A little less than one year later, the pain pump was removed from the woman’s body via surgery.
In the lawsuit, the woman is alleging product liability and professional negligence, as well as implied warranty. She says that she was caused permanent damage. Her husband is alleging loss of consortium due to the aforementioned allegations.
When a pain pump is inserted in the body and the pump fails, resulting in a significant injury, the victim may have the right to pursue legal action against the manufacturer in a West Virginia civil court. At the same time, a lawsuit may be able to be brought against the surgeon who implanted the pain pump and the hospital where the surgery was performed, in addition to any other individuals who may have some level of accountability in the design, manufacture or placement of the faulty device. A successfully litigated claim may provide the victim with financial compensation and may even help reduce the likelihood of defective medical devices of the same kind being put on the market in the future.
Source: madisonrecord.com, “Couple sues over faulty pain pump“, Molly English-Bowers, Sept. 21, 2015