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Phlebotomist Accused of Causing Complex Regional Pain Syndrome, Type II, During Blood Draw
Phlebotomist Performing Physical Exam for Insurance Application Allegedly Causes Median Nerve Injury - Man Develops Complex Regional Pain Syndrome -$5 Million Gross Verdict.
The plaintiff, age thirty-four, underwent a routine physical exam in May 2009 as part of the application process for a life insurance policy. A phlebotomist hired by the defendant was sent to the plaintiff’s home to perform the exam.
During the exam the phlebotomist did a blood draw. The plaintiff claimed that he felt an immediate and intense pain shooting down his arm, of which he informed the phlebotomist, but the blood draw continued.
The plaintiff continued to have pain and after several days he called a supervisor at the defendant’s office for advice. He was told to seek immediate medical assistance. He saw several physicians, but had no relief. After several months he was diagnosed with complex regional pain syndrome, Type II.
The plaintiff claimed that the needle for the blood draw was inserted incorrectly, causing median nerve injury which led to the complex regional pain syndrome.
The defendant claimed that the needle insertion was done appropriately.
According to a published account a $3,459,255 verdict was returned for the plaintiff and his wife was awarded $2 million for loss of consortium. The plaintiff’s award was reduced by $1,714,255.
With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288.