Missouri Jury Awards Patient $507,000 After Pain Relief Procedure Leaves Needle Lodged In Back
Missouri Jury Awards $507,000 To Patient Who Had Needle Break Off In Back During Outpatient Procedure
On Dec. 10, 2009, Claudia Ball, who was 62 years of age and 220 pounds, underwent a trigger point injection outpatient procedure performed by Catherine Doty, M.D., at Breakthrough Pain Relief Clinic, which was operated by Allied Physician's Group, L.L.C. Ball said that Doty used a needle of an inadequate gauge and length that broke off in Ball's body. Ball claimed that Doty failed to obtain informed consent prior to attempting to retrieve the needle, to refer Ball to an emergency room before attempting to retrieve the needle, or to use the proper technique to retrieve the needle. Ball, who underwent five failed attempts to remove the needle, claimed that she had to lead a more restricted lifestyle because of the risk of additional migration of the needle and suffered associated nerve damage.
On Aug. 6, 2012, Ball filed an action alleging negligence against Allied Physicians Group, L.L.C., doing business as and otherwise known as Breakthrough Pain Relief Clinic and Doty in the Circuit Court of Saint Louis County, Missouri. More specifically, Ball alleged that defendants were negligent in not informing Ball of the risks, discharging the needle into Ball's back, not properly attempting to retrieve the needle, allowing time for the needle to become dislodged from its initial location, and allowing the needle to become lodged deep enough that it could not be retrieved.
Judge Kristine A. Kerr presided over a jury trial. On Sept. 1, 2016, the jury returned a verdict in favor of Ball and against defendants for $507,000, including $7,000 for past medical damages, $135,000 for past non-economic damages, $185,000 for future medical damages, and $180,000 for future non-economic damages.
Plaintiff was represented by Derek Rudman and Douglas Rudman of Rudman & Smith, LLC.
Defendants were represented by Ryan Gavin and Mary Taylor of Kamykowski, Gavin & Smith, P.C.
Lexis Advance subscribers can view the full summary, including expert information, here: Claudia Ball v. Allied Physicians Group, L.L.C. d/b/a Breakthrough Pain Relief Clinic; Catherine Doty, M.D; 2014 Jury Verdicts LEXIS 6074
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