In re Infusion Pump Cases CA4/3

Good Law
Court of Appeal of CaliforniaAugust 20, 2014G048748California1,970 words

Opinion

Opinion

Ikola, J.

FACTS

Ziots underwent an orthopedic procedure on her shoulder in October 2005. After the procedure, a postoperative pain pump was attached to her shoulder to deliver a steady dose of anesthetic directly to the joint. The medical records from the surgery described the pain pump as a “PainBuster catheter,” which is a brand Ziots believed was manufactured by I-Flow. Ziots suffered injury to the cartilage in her shoulder joint, allegedly from the pump. On October 2, 2009, Ziots filed a complaint in the Los Angeles County Superior Court asserting tortious conduct resulting in injury. In her complaint she identified I-Flow and 15 Doe defendants as the manufacturers of the pain pump or of the anesthetic used in the pump. More than eight months later, in May 2010, the Los Angeles County Superior Court coordinated the case with those of similarly situated plaintiffs in Orange County. The case was moved to the Orange County Superior Court. In a series of joint case management statements, the parties in the coordinated proceeding suggested to the court that a “Short Form Complaint” be filed containing each plaintiff’s individual allegations within 20 days of the filing of a “Master…

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