Feb 23rd, 2016

FKB’s Patrick J. Brennan won a unanimous jury verdict in favor Quest Diagnostics Incorporated following a three week trial in Queens Supreme Court for alleged nerve injury

The plaintiff alleged improper performance of a blood draw by a Quest Diagnostics phlebotomist resulting in a median nerve injury and complex regional pain syndrome (CRPS). FKB retained experts in orthopedic hand surgery and phlebotomy and established during trial that the plaintiff’s complaints did not match known nerve distribution and she did not have objective evidence of CRPS. Compelling evidence was presented to the jury in the form of social media photos demonstrating that the plaintiff had no injuries and was not limited in her daily activities or professionally.

The jury returned a unanimous defense verdict finding that the Quest Diagnostics phlebotomist performed the blood draw entirely within the standard of care.