Facts

On June 24, 2004, Vivian Taylor, 54, was transferred to Dameron Hospital for a blood transfusion. While at the hospital, a contract nurse hired by Agostini & Associates Inc. inserted a 20-gauge needle into Vivian Taylor's right hand. Although Taylor had a portacath in her left chest, the nurse used two sticks with Taylor to place the needle in her right hand. Taylor sued Agostini and the Dameron Hospital Association alleging negligent treatment.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the nurse failed to take her full medical history, which would have revealed that plaintiff had a portacath. The portacath should have been used, rather than inserting the needle directly into plaintiff's right hand. The two insertions caused thrombosis in her radial artery, which in turn caused nerve damage. The two sticks of the gauge needle in her right hand, along with subsequent laboratory blood draws and cross-matching, caused thrombosis.

DEFENDANTS' CONTENTIONS:
The defendants contended that plaintiff's medical history, which she provided to the nurse on a patient intake form, did not indicate that she had a portacath. The defense further contended that the needle insertions in her right hand and the subsequent needle sticks in her right arm did not cause plaintiff's nerve damage.

Settlement Discussions

The plaintiff demanded $25,000 from Dameron and $150,000 from Agostini. The defense offered a waiver of costs.

Injuries

Taylor claimed hand injury, nerve damage, scarring, disfigurement, and thrombosis. She claimed she was forced to undergo two surgeries to remove blood clots and nerve endings in her arm. Her husband claimed loss of consortium.

Result

The jury found in favor of the defense.

Other Information

Fireman's Fund insured Agostini & Associate, Inc.

Deliberation

two hours

Poll

9-3 (negligence)

Length

two weeks