T Nation

Question for Any Lawyers?

Anyone who’s been in my log recently will have seen that after my son developed some strange hip pain that stopped him from walking, we had to get a blood test for him that tested for Lyme, and unfortunately for Leukemia as well. So obviously, the past week has been a nightmare for me as despite knowing it’s likely not that, I can’t help but be scared while I wait for results.

Well, I started calling on Saturday and kept getting answers like “it can take a week…”, but yesterday my doctor called me and told me with no hesitation that the labs should have been back, period. So I call labcorp and so does she, and they start telling us they have no record of me being there. At all. I give them requisition numbers, patient numbers, account numbers, date and time of the appointment plus letting them know that the first nurse did not use a butterfly, and opted for a GIANT needle and only had me restraining him despite him already screaming (he’s 4), blew his vein to shit stabbing around in there, and finally a second nurse came in to help restrain, used a butterfly and got the sample, so my son was terrified by the end and I understandably didn’t want to take him back.

So after hours of customer service at labcorp telling us they couldn’t find anything, the supervisor of the branch we got it drawn at called me at the end of the day to tell me that his blood was “lost in transit”. So somewhere, my son’s blood, 3 vials likely labeled with his medical info and SSN, is floating around unaccounted for and now I have to tell him I lied and he has to go back (I told him it’d be a while before he goes back) tomorrow for more blood drawn.

Is this something that’s lawsuit-worthy? Honestly I won’t give a shit if it’s not, but seeing as how people get millions for spilling coffee on themselves i was just curious.

@jewbacca not sure if any other lawyers are on here…

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I don’t know what is “worth it”, but I can definitely understand the frustration and possibly fear of something bad happening to a little one of your own.

You have my empathy on this one.

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As I said, even if I find out that it could be compensatory, I dunno if I’d do anything about it, just was mostly curious - that and my wife is beyond furious, haha.

Yeah. Furiosity. That’s my new word to describe some of these things.

I ran into some difficulty with a dentist a while back. She claimed to be a pediatric dentist, and confirmed this over the phone. Once in the office she said she kinda is but won’t treat my son because she doesn’t do that kind of stuff (extractions, all discussed before hand) then told me that If I don’t get him to someone who does pediatrics she was obligated to turn me in to CYF.

So she billed me for cleaning and x-rays, and my wife had to walk me out before I ripped that bitches throat out for lying, refusing to treat, then threatening me in the same sentence.

I swear, my face started to twitch and I began to get this blinky darkness that happens right before things get extremely violent. Then I was outside in the car.

Fortunately, this led to finding a pediatric practice that is truly extraordinary.

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I cant speak for legal matters, but I can speak LOUDLY against Labcorp.

We use them for our drug testing. Between the temp agency, and my permanent hire, I had to get a piss test 7 times. “Non-dilute” “inconclusive” over and over.

Went to have a friend get hired, and couldnt get a clean enough sample for them to hire him. Got blocked from testing at labcorp for 3 years.

Just to be clear, this guy and myself, are clean as a whistle. We both just worked our asses of for different manual labor companies in the middle of 110°+ summers. So yeah… we drank a shitload of water.

Fuckers.

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I had my bloods done a couple months ago. I am extremely vascular and typically get some version of the “heroin junkies dream veins” joke from the blood techs. This particular tech proceeded to stab my arm and wonder why almost no blood was coming out. She insisted I was dehydrated, I insisted she stabbed my tendon not my vein. Guess who was right.

These techs and people who work for lab companies are fairly low skill and fairly low paid. You kind get what you pay for unfortunately. Fuckups will happen, and they happen a lot more than anyone thinks they should. Don’t sue for shit like this. You’re better than that.

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Shit…man I sorry to hear that about your boy, My heart goes out to your little guy! Hope things turn out for the best.

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Haha no worries dude, just crowdsourcing bullshit as an angry parent. The idea’s already pretty much dissipated and the compensation if one did sue for this would likely be next to nothing. My case is, as of now, not much to go on, but the idea of don’t sue for “shit like this” isn’t really logical, people have delayed cancer diagnoses from lab companies mixing up samples or losing them, and it can affect treatment. Him being stabbed by an incompetent nurse I can get over, and did immediately - him having a possibly life-threatening diagnosis delayed, I wouldn’t be so forgiving about, nor would anyone in their right mind.

Honestly I’ve taken many a drug test and a couple blood tests at labcorp. Never a complaint. Wouldn’t have even bothered to complain about the poor blood draw if not for them losing the sample and then telling me I never even came in there.

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Thanks buddy. It’s been a weird week.

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When will you hear something?

Edit: once you have the blood in.

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Sorry to hear about your son.

I deal with LabCorp everyday. Maybe 20-30 samples daily between QFT gold, bloodwork, and drug screens. We probably have about 1 a week go missing. It’s shitty but it happens a lot. What doesn’t sound right is that they couldn’t find any info about it. If you had the chain of custody number, they should have been able to find it easily. If a courier picked it up, they should have evidence of that. If they FedEx’d it, they should have a tracking number so you could see where the breakdown occurred. It seems like they are just giving you an answer to shut you up.

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One nurse told me, “if it was done with AccuDraw, it doesn’t go into our system”, and I was like “uhh, what?” Their own customer service guy was like “yeah that’s not true, we don’t do bloodwork without putting it into the system, ever.

The first thing an attorney will ask is “what are your actual damages?” Reads like you only have emotional ones so far, which likely aren’t worth a lawyer’s time and energy if he’s charging a % of any recovery. Normal for tort lawyers.

Emotional damages vary from state to state. In my state a guy got a jury verdict which included emotional damages from his electric company for witnessing his home burning down due to the electric company’s faulty transformer which caused the fire. The guy also got damages for loss of home and furnishings as well, so the emotional stuff was probably piggybacked onto his actual damages.

I wouldn’t agree to take your case if emotional damages were the only damages. Now, if the lab’s negligence in causing delay resulted in something like “loss of the hope of being cured”, different story. If I were you I’d pray that nothing more happens than being mad over a delay.
Good luck.

Also, I’d recommend getting your son back to the lab as promptly as possible. If this matter were to develop into a viable cause of action and you don’t take prompt, responsible action, a defense attorney could argue to a jury that you were comparatively negligent–i.e. partly responsible for the damages and thus stuck with a reduced $ verdict-- for not getting another test as soon as you learned of the lab screwup.

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Yup! Appreciate all the info, we’re already headed back today, hence

And the manager just called me. Made nice.

I’m terrible at holding grudges, guys. I’m not even angry anymore today, was just a reaction born out of fear and apprehension. Just want the bloodwork back, haha. But thanks for the info, makes sense.

Really? Where does it go?

It should be noted that the missing blood thing only started happening ever since Dr. Acula came on staff…

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Lol!
I could use this missing blood thing for fairly decent plot of a short story, (excluding Dr. Acula)
But I don’t want to scare the shit out of flappinit.

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No, it’s not lawsuit worthy, although I completely understand your frustration.

Just to over-summarize about three years of law school into a paragraph: to have a lawsuit you need: (1) a duty; (2) a breach of that duty; and (3) compensatable harm.

I could maybe see #1 and #2 being satisfied (assuming there is not some statute that preempts this), but #3 is fortunately not – it would be one thing if your kid missed a window for treatment that left him paralyzed or whatnot – but, here (Baruch HaShem!) the harm is waiting around anxiously for a couple of weeks and another blood draw.

That sucks, but is not something worthy of a lawsuit.

Channel Emily and write a nasty letter to Labcorp – and not an email, but a paper letter. Keep it short and sweet, too. No hyperbole.

Just the facts – "On 01/01/2020, I took my son to your location on XYZ Street. He is suffering from ABC and the doctors are concerned about Lyme disease and Leukemia. He is 5 years old and was very scared. Nurse Nancy took his blood. I paid $20. My insurance company is BCBS. My order number is 1234567.

After waiting two weeks, on 01/14/2020, I was informed by Nurse Ratchet that you had inexplicably lost the sample. Not only did my son have to have his blood drawn again, but we waited two weeks, thinking the worst. Waiting around for two weeks while you think your son may have leukemia is not an easy thing to do.

I know you are a big company, but do please try to remember that your customers are sick, scared, people. I am scared to death about my son, and you guys made it worse.

Do try to get better."

Alternatively, just wait until you get two bills — including the one for the missing lab test. When that happens, turn your insurance company onto them. Those guys live for that stuff and will get you your pound of flesh without having to do anything.

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As I said, I’m not good at holding grudges. It’s probably why I could never sue anyone for anything, because I just don’t stay angry. So the topic isn’t off limits, and I encourage anyone to bring some light and laughter to this otherwise dark thread.

Possibly being funneled to a black market blood bank?

Being used to keep a mad scientist’s mutant baby creations alive?

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