Hirst Applegate attorneys Gary Scott and Khale Lenhart recently were successful in obtaining a defense verdict for their client following a jury trial in State Court in Douglas, Wyoming. The personal injury action was brought against a blood donation company that had sponsored a blood drive at the plaintiff’s place of employment. The plaintiff alleged that the defendant’s phlebotomist was negligent when she inserted the needle into the plaintiff’s arm to start the blood draw, and that she struck a nerve in plaintiff’s arm. It was alleged that as a result the plaintiff had arm pain for several months until he was required to undergo nerve decompression surgery. Defendant presented evidence that its phlebotomist was well trained and that she had followed the proper procedures in regard to plaintiff’s draw. The evidence also was that the plaintiff made no complaints at the time of his donation, and that that there were other possible causes for his nerve compression. The jury found that the defendant was not negligent.
POSTED BY DAVID D JOHANSEN AT 11:33 AM