www.mddailyrecord.com/article.cfm?id=6091&type=UTTM -
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Published on: 7/28/2008
Last Visited: 7/28/2008
Robert K. Jenner, of Janet, Jenner and Suggs LLC.
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"It's a lifetime of pain," said Robert K. Jenner, of Janet, Jenner and Suggs LLC in Pikesville."We've had patients say it hurts just watching TV.Sleeping is impossible."
Jenner is one of multiple lawyers across the country who, on Thursday, will ask that the more than a dozen federal lawsuits against the medical device-makers and anesthetic innovators be consolidated into one class action.
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Jenner and other lawyers involved with the PAGCL litigation allege that pain pump manufacturers advised doctors to use the devices directly in the shoulder joint, or intra-articularly, a practice not approved by the U.S. Food and Drug Administration, instead of near the joint.Recently, multiple medical papers have linked intra-articular pain pumps with the onset of chondrolysis.
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Williams and Jenner are among a group of lawyers who want the PAGCL cases consolidated and tried in Oregon.
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Jenner said he has received three inquiries from Maryland residents but no clients yet.
"It was shocking that this condition … was all the sudden occurring in a population of patients where previously chondrolysis was unheard of," Jenner said.
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Each had chondrolysis within five months following surgery and lost the use of an arm, said Doepken, an associate with Cohen & Malad LLP, who is working with Williams and Jenner.
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Jenner and Williams claim the anesthetic, while relieving pain, destroys shoulder cartilage in the process.
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Jenner, Williams and Doepken said chondrolysis cases differ from other class-action medical pharmaceutical lawsuits they have worked on because the symptom is distinct.
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In lawsuits against the maker of the painkiller Vioxx claiming the drug was responsible for a heart attack or stroke, the challenge was to show causation, Jenner said, by way of an example.
"What makes this case so compelling is we have a signature injury," Jenner said.