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McQueen v. United States

United States District Court, E.D. Missouri, Southeastern Division

April 25, 2019

ALAN McQUEEN, Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant.

          MEMORANDUM AND ORDER

          ABBIE CRITES-LEONI UNITED STATES MAGISTRATE JUDGE

         Plaintiff Alan McQueen filed this medical malpractice action against Defendant United States of America, Department of Veterans Affairs, under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §' 2671 et seq. Presently pending before the Court is Defendant's Motion for Summary Judgment. (Doc. 42.) McQueen, who proceeds pro se, [1] has filed a Response (Doc. 50) and Defendant has filed a Reply (Doc. 51).

         Background[2]

         McQueen presented to the Urgent Care clinic at John J. Pershing Veteran Administration Medical Center in Poplar Bluff, Missouri (“VA Hospital”) on November 24, 2014, for treatment after being stung by a wasp. At the VA Hospital, Nurse Kelly Stark inserted an intravenous (“IV”) needle into McQueen's left hand for the purpose of administering medication intravenously. During this process, McQueen sustained an IV infiltration in his left hand. McQueen returned to the VA Hospital the following day with complaints of pain and swelling associated with the IV infiltration.

         On July 28, 2016, McQueen underwent surgery for a mass on the dorsal side of his left hand. The operative report from that surgery described the removal of a metacarpal boss.[3]

         McQueen subsequently developed trigger finger in his left small finger.

         McQueen underwent an Independent Medical Examination in connection with this action in October 2018, [4] which revealed stiffness and reduced range of motion of the left hand.

         In his Complaint, McQueen argues that Defendant, through its agents or employees, was negligent as follows:

(a) Nurse Stark administered a medication not ordered by the physician;
(b) Nurse Stark administered a medication through the wrong route;
(c) Nurse Stark improperly inserted an IV into McQueen's left hand resulting in an infiltration or subcutaneous injection of medication that was meant to be intravenous;
(d) Nurse Stark failed to recognize that the vein was not appropriately cannulated before injection of the medication;
(e) Nurse Stark failed to recognize the infiltration or subcutaneous injection of medication in a timely manner and provide proper treatment to prevent further complication;
(f) Nurse Stark failed to document findings of an infiltrated intravenous catheter;
(g) Nurse Stark failed to recognize the infiltration or subcutaneous injection of medication resulting in ...

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