South Carolina Shoulder Pain Pump Attorney Gives Advice To PAGCL Victims
UPDATED: May 5, 2016
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If you think you may have contracted PAGCL, or Postarthroscopic glenohumeral chondrolysis, due to a shoulder surgery pain pump, there are certain actions you can take to find out more. Rhett Klok, a South Carolina attorney for over 15 years whose practice focuses in medical health litigation including medical devices, pharmaceuticals and medical malpractice, says that he advises clients to take the following actions:
- Investigate which medical device was used. They should ask their doctors if they’re aware of the articles which have been written on about pain pumps and PAGCL and the relationship between the anesthetics used in pain pumps and the corrosion of the cartilage space in the shoulder.
They should ask whether or not they got that type of pain pump. It's important to make sure they're not confusing the pain pump with an intravenous pain pump you might have at a hospital. If it’s a portable pain pump that they inserted and took home, find that out and find out the manufacturer.
- Investigate which drugs were used. They need to find out which anesthetics, or combination of drugs, were used to administer the local pain. We would certainly help them get their medical records and find out which device they used and what drugs were utilized for their problem.
- Consult with your doctor about cartilage issues. They should see their doctor about any cartilage issues which may have occurred after the surgery. X-rays or CAT scans of that space will determine if any damage was done. If they are unsure about their physical condition because they don’t have significant pain or their shoulder is better than after surgery, chances are they won’t have the problem.
- Seek the advice of a lawyer. They should seek the advice of a lawyer about their rights and see whether or not they can move forward. This is a specialized area of the law – and while there are a lot of good lawyers out there, not all have the type of special knowledge or experience to handle these types of cases properly. I’ve worked in medical device litigation for a long time and the best analogy I can use is, “You don’t use a hammer to put a screw in the wall and you don’t use a screwdriver to put a nail in the wall.” You want to have the right lawyer addressing your legal issue and one who has specialized knowledge in that area.
- Be mindful of the statute of limitations. It's important to be mindful of the statute of limitations. Under South Carolina law, we have three years in which to file a lawsuit. There is also a discovery rule in South Carolina which is based on the time when the client or patient became aware of the injury being linked to the device. So, it is important to try and seek legal counsel as quickly as possible in that your statute of limitations may expire.
I would advise them to always speak with their doctors first and take care of their health, but not to wait too long and be aware of the fact that the statute of limitations may have begun running sometime beforehand.