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DEFENDANT’S Labor Law – Phlebotomist at nursing home injures knee on concealed bed frame while drawing blood – Complex Regional Pain Syndrome requiring multiple surgeries.

Orange County, NY

On September 27, ________, the 28-year-old plaintiff, a phlebotomist, was assigned to draw blood at the defendant Middletown Park Manor, a nursing home. She claimed that while bending down to draw blood from a patient who was in bed, she was injured when her knee came into contact with a dissembled metal bed frame that was concealed under a bed sheet on the floor next to the bed. The defendant argued that it was not negligent and did not leave the metal frame on the floor.

This action was first tried in September ________, where in a bifurcated jury trial, the jury found in favor of the plaintiff and awarded her $________. The defendant appealed and a new trial was granted. A Frye Hearing determined that biomechanical engineers for each party may provide expert testimony.

The plaintiff claimed to have sustained Complex Regional Pain Syndrome requiring multiple surgeries. As a result, she maintained that she is unable to be employed and suffers constants severe debilitating pain requiring spinal stimulation and pain relievers.The trial lasted three weeks. After deliberating for two hours, the jury returned a defense verdict. No appeal has been made.

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