Vol. 35 No.105
       ©2007 Marianas Variety
Thursday, August 9, 2007 www.mvariety.com
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Feds respond to amended complaint against Andersen clinic

By Gina Tabonares
Variety News Staff

THE federal government has reiterated its position to dismiss a lawsuit filed by an Air Force wife, in response to an amended medical malpractice complaint filed against the 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 in 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 on 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 attorney’s fees and any amount for prejudgment interest against the United States of America.
The U.S. lawyer affirmed that Anderson voluntarily assumed the risk of injury and her claim of 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 the day after the trigger point injections, she returned to the clinic 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.
Schwab argued that the plaintiff voluntarily assumed the risk of injury and is not entitled to a jury trial.
He added that if there is any future damage, it must be reduced to present value.