Injured during surgery at VA Medical Center. What can I do?

Question:

Not sure what to do and thought you could help or at least point me in the right direction.


On December 13th, I had outpatient surgery at the VA Medical Center for a service-connected disability. With my wife present, the nurse attempted to place an IV needle into my right wrist. The IV needle missed my vein and caused immediate pain. The needle was then removed. The nurse stated I had “really good veins” and was somewhat dismayed he had missed it.The second attempt to place the IV was successful.


The rest of the operation was successful, and no other issues presented themselves. Under general anesthesia, the doctor removed a large mass out of my leg. I recovered in the Short Stay Unit and discharged later the same day. The following morning I had the expected soreness to my surgery site (lower leg). The next few days my leg got better, but my wrist (IV site) remained sore.


I returned to work on Monday, December 17th. My wrist and hand were almost completely frozen, every movement caused pain.


On Wednesday, December 19th, at the VA Medical Center I had a follow-up appointment for my surgery. My doctor who performed the surgery looked at my wrist and directed me to go to the Emergency Room. I then was escorted by the doctors' staff and checked into the ER. The emergency room doctors eventually saw me. X-Rays and a CAT Scan were performed. I was provided with pain medicine, a wrist splint, and anti-inflammatory drugs. The ER doctor told me I had (intersection Syndrome and tenosynovitis of the wrist). The pain I'm in originates directly where the nurse tried to attempt an IV. The IV needle pierced the tendon sheath in my wrist that controls my thumb and index finger. I was given a follow-up appointment for December 27th.


I attended the appointment on December 27th. The orthopedic doctor wanted to inject my wrist with cortisone but I did not want another shot. Instead, the doctor recommended a steroid. He confirmed what the emergency room doctor told me. Tenosynovitis and/or Intersection Syndrome. If the steroid didn't improve my wrist then I was to return to the orthopedic clinic for the cortisone injection. I was told the Hand Specialist was not available till February 13th, 2019.

I am a Deputy Sheriff and the wrist/hand affected is my dominant side. I'm unable to draw or holster my weapon let alone hold a cup of coffee. Most movements with my hand/wrist cause severe pain. Picking a coin off the ground would almost make me vomit from the amount of pain in my wrist. I've contacted the patient advocates at the VA Hospital but have yet to hear back.


Any advice or direction would be helpful. Thanks.

 

Jim's Reply:

Intersection Syndrome and tenosynovitis of the wrist is a fairly well known condition specific to a distinct set of tendons that become inflamed from repetitive (usually athletic) motion. Treatment with ice packs, steroid injections, splinting and rest are treatments that are usually successful. It sounds as if you believe that your condition resulted from an errant stab at your wrist while attempting to locate a vein for an IV. In a quick search of the literature I can't find anything that associates the condition you claim directly correlating to an injection site although injection site injuries aren't all that uncommon. When we insert a sharp piece of steel into our flesh and it hits something other than the intended target things can go wrong...delicate nerves and tendons do sometimes get damaged.

Your option is to do nothing or seek assistance from an attorney who is well versed in filing tort and 1151 claims against the VA. Trying to ask for help from the VA patient advocates will be a dead end if they sense any allegations of liability and I'd avoid talking with any VA providers or staff until you've talked with a lawyer. You have what may be a long term injury that could have a profound effect on your future employment. You really should speak with an experienced attorney before you do anything else. You can find attorneys on my VAWatchdog site who are focused on tort claims and the VA...call any or all of them to discuss your options.