Jefferson Parish man sues pain pump manufacturer claiming permanent damage to cartilage

By Michelle Keahey | Feb 5, 2013


NEW ORLEANS - A Jefferson Parish man has filed a lawsuit against a pain pump manufacturer claiming that the medication is causing permanent damage to his shoulder cartilage.

Mervin Placeres filed suit against I-Flow L.L.C. on Jan. 4 in federal court in New Orleans.

In September 2006, Placeres underwent two surgeries on his right shoulder in Jefferson Parish and an “On-Q Pain Pump” was implanted.  The pump injected anesthetic pain medication directly into Placeres’ right shoulder joint on a continuous basis following the surgeries.

According to the lawsuit, the continuous injection of medication into the joint causes “serious and permanent damage to the cartilage of the shoulder joint” and a narrowing of joint space called chondrolysis.

The defendant is accused of failing to warn Placeres about the unreasonable risk and dangers of using the pain pump and associated anesthetics.

The defendant is also accused of fraudulent concealment, violation of the Louisiana Products Liability Act, and violation of warranty of redhibition.

The plaintiff is asking for an award of damages for pain and suffering, mental anguish, medical expenses, disfigurement, physical impairment, lost wages, loss of earning capacity, loss of enjoyment of life, attorney’s fees, court costs and interest

Placeres is represented by Metairie attorneys Charles V. Giordano, Tasha W. Hebert, and Michael E. Escudier of Hebbler & Giordano and Raymond B. Landry and Richard L. Traina.

U.S. District Judge Martin L. C. Feldman is assigned to the case.

Case No. 2:13-cv-00014

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