Vancouver, BCLawyersandSettlements interviewed Canadian lawyer David Klein of Klein Lyons, Vancouver regarding the [lawsuits] his firm is filing against the makers of shoulder pain pumps.
"We started assisting people due to the improper use of shoulder pain pumps," says David Klein."A shoulder pain pump is potentially a good product and very effective if the medication is administered through the body tissue rather than directly into joints, but it is administered this way at the suggestion of the manufacturer, and can cause irreversible damage to the cartilage."
Klein explains that this defective product is a particularly troubling development since many shoulder injuries are sports-related. "This means that active and young individuals could be affected for the rest of their lives."
LawyersandSettlements (LAS): How many Canadians might be affected by defective shoulder pain pumps?
David Klein (DK): We don't know how many victims are in Canada but can assume that Canadians would be proportionately comparable to the US.
(LAS): Are you aware of any Canadians diagnosed with PAGCL from shoulder pain pumps and do they have to be diagnosed with PAGCL to join the class ?
(DK): It is not necessary for them to have been diagnosed with PAGCL to join the class.
(LAS):What steps can be done by a victim before coming to you?
(DK): They may wish to talk to their doctor if they are concerned that they may have developed PAGCL following the use of a shoulder pain pump.
(LAS):What are the chances of a successful class action in Canada and why this defective product?
(DK): Good. Canadian courts have repeatedly certified class actions involving defective medical products as the best way to provide access to justice for Canadians injured by such products.
(LAS):Briefly discuss for our readers your success with previous class action (s) similar to this one.
(DK): We have successfully represented Canadians in many class actions involving defective medical products, including cases involving contaminated blood, breast implants, pacemakers, TMJ implants, and diet pills. We are one of the most experienced law firms in Canada in this area, and have been helping Canadians since the very start of class actions in this country.
(LAS):Does this class action affect everyone in Canada or just BC? And if it involves other provinces, are there other steps necessary to get involved in a class action.
(DK): It may potentially affect everyone in Canada. It will be up to the courts to decide whether the class action may proceed, and who may be included. Canadians who want to be part of this case should contact us so that we can best include them.
(LAS):What kinds of questions will you ask a potential plaintiff ?
(DK):
(a) Contact information
(b) Did you have shoulder surgery involving a pain pump? When? Where?
(c) Have you suffered (i) pain, (ii) stiffness, (iii) loss of strength, (iv) loss of range of motion, or (v) clicking in your shoulder?
(d) Have you been diagnosed with PAGCL?
(LAS):What difference is there, if any, between getting involved here vs a class action in the US?
(DK): American courts do not generally include Canadians in their lawsuits. The rights of injured Canadians are subject to Canadian law. Canadians who have been injured by a shoulder pain pump should contact a Canadian law firm.
If you or a loved one has suffered damages regarding defective shoulder pumps, please contact a lawyer involved in a possible [shoulder pain pump lawsuit] who will review your claim at no cost or obligation.