Woman alleges vaccine caused infection, sues healthcare provider

By David Yates | Jun 9, 2008

Sarah Frasher

Alleging her infection was caused by the healthcare provider who administrated her shot, Jana Richard has filed suit against Maxim Healthcare Services Inc.

Richard's suit was filed June 5 in the Jefferson County District Court.

According to her petition, on Oct. 26, 2006, Richard sought medical treatment from Maxim and was given a pneumococcal vaccine immunization in her left arm. A few days later, she experienced severe pain, swelling and redness in her left arm and was diagnosed with cellulitis.

The online Medical Dictionary says cellulitis is an acute spreading bacterial infection below the surface of the skin characterized by redness, warmth, swelling and pain. Cellulitis commonly appears in areas where there is a break in the skin from an abrasion, a cut or a skin ulcer.

"Richard received treatment for the cellulitus in the form of antibiotics and pain medications," the suit says. "As a result of this medical negligence, Richard lost 10 days of work due to the cellulitis that she contracted from the pneumococcal vaccination administered by the staff at Maxim."

Richard is making her negligence claim under the Medical Liability Act.

"Maxim did not conform to the required standard of care and the breach proximately caused Richard's injuries," the suit says.

"Richard seeks all resulting damages as a result of the breach, which damages include, but are not limited to, all medical bills and lost wages caused by Maxim's improper conduct plus attorneys' fees."

She is represented by attorney Sarah Frasher of the Wells, Peyton, Greenberg & Hunt law firm.

The case has been assigned to Judge Donald Floyd, 172nd Judicial District.

Case No. E181-877

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