A 4-yr old's thumb was punctured by the needlestick of an expired EpiPen auto injector at a preschool facility a few months ago. It happened as lap time is getting started. One teacher was putting a child into sleep while another was helping a few other students in the bathroom. The kid found an EpiPen on a counter and was able toreach it by standing on his cot. When the kid cried, one teacher then noticed it. The teacher rinsed the injured thumb with cold water and covered with a bandage, but did not send the kid to ER. The injector was prescribed for the allergy of another kid and had expired before the accident. The parent was informed 30 minutes later and took the kid to hospital. It took one and half months for the injury to recover.The facility admitted the Pen should be put e
There may be an action but no real damages. Let's analyze this further.
First of all, a school, whether public or private, has certain immunity from many types of negligence suits, although let's assume that leaving an epi-pen out where a child could get to it might get you over that hump.
That leads us to the injury, which, as far as I can tell, is a needle stick with no ill effects and no medical treatment. For me as a 4 year old that would've been a good day. Unless you are saying the child had ongoing treatment, got an infection, or needed stitches, I can't see a real injury worth pursing a case for.
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Unclear from your post whether the pinprick caused some sort of permanent injury, or whether it healed.
It depends on a better understanding of the facts. As Attorney Hoffman stated, there are difficult hurdles in cases like this. Whether the case is worth consideration will depend on evaluating the damages. Your statement that it took "one and half months for the injury to recover" could mean something significant, but could also mean, especially with a four-year old and a thumb injury, that a little sore took a while to heal. If you call to consult, be prepared to discuss what the child went through and whether there is any lasting impact.
The scope of this space does not afford an opportunity to adequately advise you. The response provided is intended to be informative, but not final. You are advised to arrange a consultation at which all facts and documents can be explored and terms for representation agreed. An attorney-client relationship must be formally established.
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