Tired of ads? Subscribers enjoy a distraction-free reading experience.
Click here to subscribe today or Login.

By KALEN CHURCHER [email protected]
Wednesday, October 23, 2002     Page: 3A

SCRANTON – A pretrial conference on Tuesday yielded no settlement between a
former Crestwood student allegedly injured donating blood, the School District
and American Red Cross, according to a court official.
   
Maura Walsh suffered permanent “traumatic nerve damage” when a
phlebotomist at a school-sponsored blood drive incorrectly inserted a needle
into her arm on May 28, 1998, court papers state. Court documents said her
lifetime medical expenses are expected to exceed $1.3 million and her loss of
earning capacity will likely be more than $2 million.
    Besides alleging the procedure was improperly performed, Jane Walsh
Waitkus, of Mountain Top, argues that her then 17-year-old daughter never
received permission to donate blood. Therefore, the Red Cross worker committed
battery and deprived Waitkus “of her constitutional rights to
authorize/control medical procedures upon her daughter,” court papers state.
   
“Whatever the problem is with ongoing litigation, it certainly should not
deter anyone from donating blood,” said Molly Groody, spokeswoman for the
Wyoming Valley Chapter of the American Red Cross. “Anyone with any questions
regarding blood donations can call 1-800-GIVE-LIFE.”
   
Groody was unable to provide statics on how often injuries occur while
donating blood, but said it rarely happens.
   
Blood levels at local blood banks have sunk to critically low levels,
Groody said Tuesday. Three lives may be saved through a single donation, the
Red Cross Web site states.
   
According to the complaint, the agency failed to properly train its
workers, used the wrong size needle, used an improper technique to remove
blood and failed to warn Walsh of the risks involved.
   
Red Cross policy is that anyone who is 17 or older, weighs at least 105
pounds and is in good health can donate blood.
   
Paperwork drafted by Polly N. Phillippi, attorney for the American National
Red Cross, states there is a “known risk” of neural damage with any vein
puncture. Walsh was advised of this and acknowledged the risk when she signed
a Red Cross document, it continues.
   
The paperwork also states the phlebotomist, Scot Kochanek, received ample
training and had the necessary skills to draw Walsh’s blood.
   
The trial is set to begin in January 2003 before Judge A. Richard Caputo in
the U.S. District Court for the Middle District of Pennsylvania. Listed as
defendants in the case are the Crestwood School District, American Red Cross,
American National Red Cross and Northeastern Regional Blood Services.
   
Kalen Churcher, a Times Leader staff writer, may be reached at 831-7329.