PHILADELPHIA – A Philadelphia man whose feet were crushed during an imaging test at the Veterans Affairs (VA) Hospital in Philadelphia is suing the U.S. Department of Veterans Affairs and the machine's manufacturer, Siemens.
According to the Oct. 4 filing in the U.S. District Court for the Eastern District of Pennsylvania, Paul Monroe James III filed a civil action against the United States of America, in care of Department of Veterans Affairs, and Siemens Medical Solutions USA Inc. alleging negligence.
The case stems from James, who is 6-foot-4, receiving a stress test and imaging at the VA Hospital in Philadelphia in 2017, the suit states. He alleges during the imaging test, his feet hung over the Siemens machine and his feet were crushed when the machine moved after it was turned on.
He claims the VA should have known he was too large for the Siemens machine, that the staff was not properly trained and the machine did not have "appropriate turning options" for someone his size, the suit states.
"As a result of the aforesaid incident, plaintiff was caused to sustain serious bodily injuries to his bones, joints, muscles, tendons, ligaments, blood vessels, soft tissues, nerves and nervous systems, all of which are or may be permanent in nature including but not limited to a crush injury to both feet," the lawsuit states.
The plaintiff alleges he filed an administrative claim with the Department of Veterans Affairs for damages and injuries in November 2018 and more than six months have passed without a response.
James seeks more than $75,000 in damages along with interests and costs of the suit.
James is represented by Richard Wolfe of Tabakinwolfe in Plymouth Meeting.