PITTSBURGH – A Pittsburgh man who claimed that he received a severe shoulder infection as a result of an improperly administered influenza vaccine given at a Giant Eagle supermarket, has discontinued his case without prejudice.
Orie E. Fink first filed suit in the Allegheny County Court of Common Pleas on May 6 versus Giant Eagle, Inc. All parties are of Pittsburgh.
“On Sept. 17, 2019, plaintiff’s employer arranged for Giant Eagle to administer an influenza vaccine to employees, including Fink. Plaintiff received an influenza vaccine shot, administered by an agent, representative, pharmacist, nurse, staff, and/or employee of Giant Eagle. Upon information and belief, the agent, representative, pharmacist, nurse, staff, and/or employee of Giant Eagle improperly administered the vaccine into plaintiff’s shoulder,” the suit stated.
“Upon information and belief, the agent, representative, pharmacist, nurse, staff and/or employee of Giant Eagle did not ensure that the needle and/or surrounding conditions were sanitary prior to administering the injection. Upon information and belief, the agent, representative, pharmacist, nurse, staff and/or employee of Giant Eagle administered the vaccine to an improper location on plaintiff’s body. Plaintiff’s injection site became swollen and subsequently infected, leading to injuries and damages.”
The suit said Fink suffered a long list of injuries as a result of the improperly administered vaccine.
“As a direct and proximate result of the conduct set forth below, plaintiff sustained the following injuries, some, or all of which are or may be permanent: Left septic shoulder; osteomyelitis of the left shoulder; contracture of the left shoulder; left biceps tear; septic arthritis of the left shoulder; delamination of cartilage in the left shoulder; bone loss on the left glenoid; bone loss on the left humeral head; subchondral bone loss on both sides of the left shoulder joint and synovitis in the joint; bone loss at the left greater tuberosity and humeral head; staphylococcal arthritis of the left shoulder; loss of range of motion of the left shoulder; disruption of the articular cartilage in the left shoulder; left shoulder pain; bruises, confusions, and other injuries on or about nerves, muscles, bones, tendons, ligaments, tissues, and vessels of the body; and nervousness, emotional tension, anxiety, and depression as a result of his care at the hands of defendant,” per the suit.
UPDATE
On Aug. 30, plaintiff counsel filed a praecipe to discontinue the case in its infancy.
“Kindly mark the above-captioned case discontinued without prejudice pursuant to Pennsylvania Rule of Civil Procedure 229,” the praecipe read.
Prior to discontinuance and for a lone count of negligence, the plaintiff was seeking compensatory damages in excess of the jurisdictional limits of compulsory arbitration, together with court costs, interest and such other and further relief as this Honorable Court may deem just and equitable, plus a trial by jury.
The plaintiff was represented by Michael E. Megrey of Woomer & Talarico, in Pittsburgh.
The defendant had not obtained legal counsel.
Allegheny County Court of Common Pleas case GD-21-004926
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com