Kaciicye Cummings, through her Guardian Ad Litem, Rhesa Harris v. Physicians Clinical Laboratories
Published: Aug. 5, 2000 | Result Date: Feb. 18, 2000 | Filing Date: Jan. 1, 1900 |Case number: 98AM00331 Verdict – $0
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Kimberly L. McKelton
(medical)
Defendant
Allison Murphy
(medical)
Facts
The incident occurred when minor plaintiff visited Physicians Clinical Laboratories for a lead test. The plaintiff alleged that a second phlebotomist should have been used to restrain the child. The plaintiff claimed that PCL protocol required that a 25-gauge needle be used and that the 23-gauge needle was not replaced with a sterile needle after an initial unsuccessful attempt. The defendant contended that the child scratched herself and that even if it was from a needle, defendant complied with the standard of care.
Settlement Discussions
The plaintiff demanded $25,000. The defendant offered $3,500
Injuries
Two-inch laceration on right forearm which developed into a keloid scar with possible future scar revision.
Other Information
The plaintiff's expert testified that the phlebotomist fell below the standard of care in attempting venipuncture without the aid of a second phlebotomist and by failing to properly instruct the child's mother on how to restrain her during the draw. The expert also claimed that the 23-gauge butterfly needle was not changed after an initial unsuccessful draw. The defendant's expert testified that the care met the standard of care for a phlebotomist in the community.
Deliberation
two hours
Poll
12-0 (liability)
Length
four days
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