Plaintiff, a 36 year old woman, sought acupuncture treatment from defendant for Bell’s Palsy. After nine successful visits, plaintiff requested that defendant provide additional treatment for shoulder discomfort that began the morning of the tenth treatment. Following the treatment, plaintiff sought care via telehealth and then the ER for a pneumothorax (partial lung collapse). Plaintiff was treated and released following a short term chest tube was utilized. Plaintiff made a full recovery with no residual issues. A known risk of acupuncture, pneumothorax is rare and unlikely in the setting of the subject treatment. Ms. Haskins filed an MSJ supported by the declaration of an expert in Acupuncture who opined that the standard of care was met and provided alternate theories of causation. As the date for opposition to the MSJ approached informal settlement discussions between counsel for the parties yielded a resolution of the claim as desired by the acupuncturist client.
April 2023