Legal Question in Personal Injury in Texas

Flu shot

I got a flu shot at the hosp where I work from the Occu nurse. She gave it to me too high in my shoulder and instead of going into my deltoid muscle, it ruptured my bursa, causing the jel-like substance to go into my arteries, clogging them down my arm. I had to have an emer angiogram and now rotator cuff surgery.What can I do? I've already paid out a lot of money for co-pays, etc. and it doesn't seem fair, as it wasn't my fault!


Asked on 1/14/09, 11:05 pm

1 Answer from Attorneys
Dan Street Street Law Firm

Re: Flu shot

If your employer carried workers' compensation insurance, and the nurse is an employee of the same company for which you work, your sole remedy would be to file a workers' compensation claim. However, if your employer does not carry workers' comp, or if the nurse is employed by a different employer, you may have a medical negligence claim. These cases are very complex and you will need the help of a skilled and experienced personal injury attorney. (That means do NOT call a TV lawyer!) I would be happy to consult with you at no initial charge and help you determine if you have a case. If you do, I would be honored to assist you with it. Please remember that the statute of limitations on this case (and on almost all personal injury and wrongful death cases in Texas) is only two (2) years, so please act now to protect your rights.

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Answered on 1/15/09, 12:52 pm


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