On Monday a case was filed in the Southern District of Ohio by a former patient against Pacira Pharmaceuticals Inc. and Pacira Biosciences, Inc. The case was filed regarding product liability for the injectable anesthetic Exparel.
Exparel is an injectable anesthetic designed for use in post-operation pain management. The drug numbs the nerve, but according to the complaint can have a side effect of causing diaphragmatic paralysis, which makes it difficult to breathe. For most patients this paralysis is temporary, but it can result in long term paralysis which can lead to pneumonia and lung atrophy.
The patient received Exparel after left shoulder surgery as a non-opiod pain management option. She experienced the diaphragmatic paralysis on the left side with the complications of pneumonia, atelectasis of the left lung and long term inability to use the left lung for deep breathing. The plaintiff accuses the defendants of knowing of this risk in the use of Exparel in any of the nerves located close to the lungs, but failed to warn or correct the design of the drug.
The plaintiff is suing for design defect, failure to warn, breach of express warranty, and negligence. The plaintiff represented by the Thomas Law Offices PLLC.