A retired hardware store owner was recovering from throat surgery in a public hospital. A traveling nurse from a national healthcare staffing company was assigned to provide his care, including the administration of food through a nasogastric tube. Instead of hooking up the food line to the tube in his nose, the nurse connected it to the IV tubing in his forearm, then turned on the pump, which forced the food into his veins. He developed multiple pulmonary emboli, which caused his death.
The Corson & Johnson Law Firm brought a claim against the nurse and the healthcare staffing company. The court rejected the defendants’ attempt to transfer the case. The defendants also argued that they were agents for the public hospital and therefore they should be dismissed and the hospital substituted in their place. While these motions were being considered by the court, the case settled at mediation for a confidential amount.