Vol. 35 No.33
       ©2007 Marianas Variety
Monday, April 30, 2007 www.mvariety.com
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Feds want dismissal of AAFB clinic malpractice case

By Gina Tabonares
Variety News Staff

THE federal government asks the court to dismiss the case filed by an Air Force member’s wife involving an alleged medical malpractice at Andersen Air Force Base medical unit.
Assistant U.S. Attorney Mikel Schwab, representing the United States against the complaint filed by Maresa L. Anderson, denied any negligence or breach of any standard care allegedly committed by a practicing physician’s assistant at the Andersen Family Care Clinic at the 36th Medical Group Unit at AAFB.
Anderson complained that Capt. Kirin L. Madden caused her to suffer from pneumothorax, more commonly known as a collapsed lung, by repeatedly and negligently administering trigger point injections in her back.
Anderson is asking for recovery of an amount that the court may deem necessary plus attorneys’ fees but, according to Schwab, the plaintiff cannot recover attorneys’ fees and any amount for prejudgment interest against the United States of America.
Schwab said the plaintiff voluntarily assumed the risk of injury and that her claim regarding comparative negligence is completely barred by Guam law.
According to the complaint, Anderson went to the base clinic on Oct. 24, 2005 to seek medical treatment for neck and thoracic pain.
Anderson said Madden negligently inserted needles using unnecessary force into her back.
She said she returned to the clinic a day after the trigger point injections because she was experiencing shortness of breath and tremendous pain.
Anderson was attended to by Madden, who prescribed Percocet and sent her home without having x-rays taken of her chest.