Kyle Barnett Feb. 18, 2015, 5:02pm


GRETNA – A local hospital is being sued by a patient who claims he had a heart attack due to medical treatment after he went to the emergency room due to an allergic reaction from an insect bite.

Herbert Benjamin filed suit against Shane Pellitere, Ochsner Clinic Foundation and Christopher Najberg M.D. in the 24th Judicial District Court on Dec. 17.

Benjamin alleges that on Sept. 16, 2011 he went the emergency department at Ochsner Hospital with symptoms of an allergic reaction possibly attributed to an insect bite. The plaintiff contends that after he was given an injection of epinephrine to counter the effects of the allergic reaction. However, Benjamin asserts the injection, given to him by Najberg, was improperly done and as a result he was later found to have suffered a heart attack because of it. The plaintiff claims that because of the incident he continues to suffer from chest pain, anxiety and anguish.

The defendant is accused of medical malpractice.

An unspecified amount in damages is sought for physical health problems, medical expenses, pain and suffering and loss of enjoyment of life.

Benjamin is represented by attorney Charles G. Justice III of New Orleans.

The case has been assigned to Division D Judge Scott U. Schlegel.

Case no. 745-246.

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