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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 physicians
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 attorneys 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.
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