Negligent refilling of pain pump

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Case in Point

October 16, 2012

Negligent refilling of pain pump 

The plaintiff sued a clinic, alleging its physician’s assistant negligently diverted the medication to the pump pocket, causing problems that necessitated several corrective surgeries, including surgical replacement of the pump. The jury awarded $180,000. Rosenblum v. Tadlock.

Shelly Rosenblum, who was in her mid-50s, suffered from chronic pain and required a surgically implanted pain pump that needed to be refilled periodically. After physician’s assistant Max Carter refilled the pump with Dilaudid, Rosenblum became dizzy and nauseated. She was transferred to a hospital, where she was diagnosed as having suffered an accidental Dilaudid overdose. Rosenblum’s pump reservoir later became infected, necessitating surgical replacement of the pump and other corrective surgeries.

Rosenblum sued the clinic that employed Carter, alleging that he had been distracted while refilling the pump and had negligently diverted the medication to the pump pocket. Suit also alleged that the defendant had failed to adequately supervise and train its staff. The plaintiff did not claim lost income.

The jury awarded $180,000.

Citation: Rosenblum v. Tadlock, No. A591652 (Nev., Clark Co. Dist. undisclosed date).

Plaintiff counsel: AAJ member Cal J. Potter III and John C. Wawerma, both of Las Vegas.


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