On July 12, 2002, plaintiff Scott McKenna was prescribed a Pain Care 3000 infusion pump to be used for the treatment of pain after he had undergone shoulder surgery. Portable infusion pumps were designed to deliver pain medicine directly to the surgical site. The medicine is continuously delivered through a catheter, which is placed inside the wound by the patient’s physician during surgery. The Pain Care 3000 infusion pump, which was manufactured by Breg Inc., a medical device company headquartered in Vista, combined a continuous drip of anesthetic to the post-operative wound site with the benefit of a patient-controlled 4-milliliter dose of medicine. McKenna was prescribed the Pain Care infusion pump for his post-operative treatment of pain, but he claimed the pump caused him to develop chondrolysis in his left, non-dominant shoulder. McKenna sued Breg Inc. He alleged that the defendant was negligent and strictly liable for failing to provide adequate warnings on the Pain Care 3000 infusion pump. This case was part of a number of pain pump cases in the California Judicial Council Coordinated Proceedings. These cases alleged that the manufacturers and distributors of pain pump medical devices knowingly marketed them for a use not cleared by the FDA, which led to severe physical . McKenna’s case was used as the first bellwether case in the California infusion pump JCCP. As a result, McKenna’s case went to trial in Orange County Superior Court and was presided over by Judge Gail Andler, who also is the presiding judge over the entirety of the JCCP infusion pump cases. During trial, McKenna claimed that he developed chondrolysis in his left, non-dominant shoulder as a result of the Pain Care 3000 infusion pump manufactured by Breg Inc. McKenna’s counsel contended that Breg Inc. was negligent and strictly liable for providing inadequate warnings with its Pain Care 3000 infusion pump and should have warned McKenna’s surgeon of a risk of harm from the use of the pump. Counsel for Breg Inc. contended that the warnings accompanying the pump at the time of McKenna’s surgery were sound, and based on the prevailing medicine and science at the time the infusion pump was sold. Counsel further contended that McKenna did not have chondrolysis, but rather secondary osteoarthritis, which was not caused by the anesthetic infused into his shoulder joint via the pain pump manufactured by Breg Inc., McKenna claimed he suffered chondrolysis in his left shoulder as a result of the use of the Pain Care 3000 infusion pump. He alleged that as a result, he required multiple surgeries to treat his shoulder condition, including a total shoulder replacement in 2011. McKenna sought recovery of damages for his medical expenses, and past and future pain and suffering. His wife, Melissa McKenna, presented a derivative claim, seeking recovery of damages for her loss of consortium. Defense counsel argued that Mr. McKenna’s post-2002 symptoms were inconsistent with a diagnosis of post-arthroscopic glenohumeral chondrolysis, and were more consistent with secondary osteoarthritis caused by various factors other than the use of the pain pump. Counsel contended that some of those factors included the initial traumatic injury Mr. McKenna sustained, which necessitated his 2002 shoulder surgery, and the tightening procedure performed as part of that 2002 surgery.