Giordano
NEW ORLEANS - A Jefferson Parish man has filed a lawsuit against the manufacturers of a pain pump that allegedly caused injuries after it was implanted in his shoulders.
Tracey Nicoll filed suit against I-Flow, Abbott Laboratories, Hospira Inc., and Astrazeneca L.P. on June 21 in federal court in New Orleans.
In March 2007, Nicoll underwent surgery on his right shoulder and had an "On-Q Pain Pump" implanted. He underwent a similar surgery in May 2007 for his left shoulder. The pain pump delivers continuous doses of pain relief medication directly into the shoulder joint space.
Nicoll states that over an extended period of time the medications caused damage to the cartilage of the shoulder joint and, as a result, there is a narrowing of joint space, called chondrolysis.
The defendants are accused of fraudulent concealment, violation of the Louisiana Products Liability Act, and violation of the warranty of redhibition.
According to the lawsuit, the FDA will not approve the use of a pain pump in the joint space.
The plaintiff is asking for an award of damages of loss of consortium, mental anguish, emotional distress, pain and suffering, medical expenses, disfigurement, physical impairment, lost wages, loss of earning capacity, interest, attorney's fees and pecuniary damages.
Nicoll is represented by Charles V. Giordano, George P. Hebbler Jr., Tasha W. Hebert, Thomas M. Young, Michael E. Escudier of Hebbler & Giordano in Metairie and Metairie attorneys Raymond B. Landry and Richard L. Traina.
U.S. District Judge Eldon E. Fallon is assigned to the case.
Case No. 2:12-cv-01593