50k Lawsuit From Flu Shot Patient

A flu shot that subsequently caused excessive bleeding, pain and surgery, is the topic of a medical malpractice lawsuit for a Bourg woman and Fletcher Community College, as reported by Houma Today for Terrebonne Parish, Louisiana.

Fletcher Community College, not recognized as a qualified health-care provider by the state, is named in the suit for emotional damages and injuries. 

Cynthia and Raleigh Thibodaux are represented by Houma attorney, Brent Rhodes, and are seeking an excess of $50,000.

Rhodes said of the victim, Cynthia Thibodaux, "She's a retired schoolteacher.   Her case is really legitimate; I don't normally take medical-malpractice cases, but she seemed credible, and her claims were legitimate."

Cynthia Thibodaux was given a flu shot at the Terrebonne General Medical Center Outreach in Southland Mall on September 16, 2009, the suit says, by a nursing student at the college, Mamie Ross.

The suit claims that Ross used "considerable force into the top of her right shoulder joint" while administering the flu shot.

Thibodaux alleges to have bled for thirty minutes -  profusely at first - and later that day she was unable to lift her arm.  She went to the TGMC for acute shoulder pain, joint pain, and a torn rotator cup, among other issues. 

The suit claims that Thibodaux had to have surgery to correct the pain in her arm.

The figure of $50,000 in estimated damages, per Rhodes, had to be used in order to have a trial by jury.

A claims adjuster for the state, Ray Louviere, says a medical-review panel has not been created to investigate the suit as it has little merit.

Rhodes claims that since Fletcher is not a qualified health-care provider no investigative panel was created for them.  He had paid a fee for two review panels - one to investigate TGMC's role and the other to look at Fletcher.  The current review panel is only looking at TBMC.

Rhodes claims that, "We had to file in state court to prove the claim."

The findings, per Rhodes, may take up to four months before they can be released.

Of TGMC's role in the suit Rhodes said, "They will either state there was a breach to a standard of care or no breach, but we're still allowed to go forward.  The judge has to give deference to the review panel."

Rhodes contends that it will help their case against Fletcher if the panel finds a show of breach.  If the panel doesn't, he stated, it will just be more of a burden in court.

When asked to comment, Cynthia Thibodeaux declined.  Louviere could not be reached at press time.

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