Numerous pain pump adverse events have occurred, many resulting in serious injuries and deaths, according to the FDA. During the years 2005 through 2009 alone, 87 infusion pump recalls identified safety problems.
Liability issues for physicians and other health care providers can arise in a variety of contexts, including the surgical implantation of a pain pump or a component of a pain pump system, the administration of pain medication through the pain pump, or obtaining informed consent to the use or implantation of a pain pump.
Causes of action against manufacturers may be brought under theories based on strict products liability, which include actions for design defect, manufacturing defect, failure to warn, and failure to test adequately. Claims also may be based on theories of negligence.
Attorneys, physicians, manufacturers, insurers and others that may be affected by injuries related to the use or implantation of pain pumps must understand the liability issues, defenses, and medical aspects of these injuries.