Michael O. Pitt obtained a defense verdict in the Philadelphia County Court of Common Pleas for a family physician, her medical technician, and her practice. The defendant physician was the primary care doctor of the plaintiff husband, an avid bowler. Plaintiffs claimed that when he presented to defendant physician’s office for a routine blood draw, the medical technician “stabbed the needle” deeply into his arm and “poked and manipulated the needle in an attempt to draw blood.”

Plaintiffs’ allegations were that the medical technician’s negligent manipulation of the needle in the plaintiff’s elbow caused severe damage to the biceps tendon requiring plaintiff to undergo extensive rehabilitation and eventually surgical intervention. Plaintiffs’ alleged damages included continued pain, decreased strength and decreased range of motion of the right elbow to such an extent that he was unable to bowl at the same level as he could prior to the blood draw in question. There was also a claim for loss of consortium on behalf of the wife.

At trial, Mr. Pitt was able to use expert testimony to effectively demonstrate to the jury that the medical records supported defendants’ assertion that any injury or damage to plaintiff’s elbow was the result of repetitive overuse from bowling, which had created chronic degeneration and tendonitis in the elbow, not an acute injury from a blood draw.

After a three day trial, the jury found in favor of each of the named medical providers.