Massage therapist sues over nerve damage from allegedly faulty needle puncture

NEW ORLEANS – A local health clinic and one of its employees is being sued by a patient who claims she suffered a severe nerve injury when a phlebotomist stuck her several times with a needle while trying to draw blood.

Emily Tobin field suit against Laboratory Corporation of America, an unknown phlebotomist and St. Thomas Community Health Center on in the Orleans Parish Civil District Court on April 8.

Tobin alleges she was a patient at St. Thomas Community Health Center when an unknown phlebotomist working for Laboratory Corporation of America was sent to draw her blood. The plaintiff contends she requested the phlebotomist draw blood from the vein on top of her hand, but that phlebotomist tried to draw the blood from the vein located on her inner elbow and unsuccessfully stuck her four times damaging a nerve in her arm on the last stick. Tobin asserts the subsequent and continuing nerve damage she suffered has limited her ability to continue working as a massage therapist.

The defendant is accused of failing to adequately supervise the phlebotomist, failing to meet an applicable standard of care and failing to draw blood in a reasonable manner.

An unspecified amount in damages is sought for loss of physical capacity, pain and suffering, mental anguish, emotional distress, embarrassment, humiliation, loss of enjoyment, medical expenses, loss of wages and loss of earning capacity.

The case has been assigned to Division J Judge Kern A. Reese.

Case no. 2015-03280.