Our client was a 12 year old boy who, with his family, was visiting a relative in the hospital. While in the waiting area, our client and his cousin wandered away from their mothers and, while walking down a hallway, were stopped by a nurse who asked them if there was an adult with them. The nurse was holding a tray of supplies. While they were talking, the nurse somehow punctured the boy in the back of his hand with a hypodermic needle. The boy immediately saw blood and ran to his mother.
The boy received immediate treatment, including being tested for various diseases. The tests all came back negative.
Upon reviewing the videotape, it was clear that the nurse had engaged in conversation with the boys, and that she was holding a tray of supplies. It was unclear what exactly caused his wound.
The hospital contended that he was scratched by the edge of the tray, and if he had been stabbed by the needle, the cap was on it. They argued that even if the cap was off the needle, it was clean, as all used needles are immediately disposed of. The nurse was prepared to testify that the cap was on at all times and if anything had stabbed the boy, it was the cap on the needle. Our client was prepared to testify that he was indeed stabbed by a needle.
The terms of the settlement are confidential.
