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By
Gina Tabonares
Variety News Staff
THE federal government
asks the court to dismiss the case filed by an Air Force members
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 physicians
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.
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