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Donovan v. Bioject3/13/2001
rding follow-up care. Gladden's affidavit, however, does not identify what information the standard of care required the nurse to provide. Also, Gladden's affidavit contains only a conclusory statement that the violation of the standard of care resulted in the injury to Lynn Donovan's arm, no explanation of how additional information would have prevented the injury.
Regarding the negligence claim, Gladden's affidavit contains statements explaining what needs to be done when administering an injection to comply with the standard of care. Gladden's affidavit, however, does not indicate that the nurse's technique deviated from the standard of care or that any deviation caused the injury to Lynn Donovan's arm. The district court did not err in dismissing appellant's claims against Doe and MVNA under Minn. Stat. § 145.682. See Anderson v. Rengachary, 608 N.W.2d 843, 846-48 (Minn. 2000) (discussing information required under Minn. Stat. §á145.682).
4. "Motions to reconsider are prohibited except by express permission of the court, which will be granted only upon a showing of compelling circumstances." Minn. R. Gen. Pract. 115.11. Appellants argue that the district court erred in denying their motion for reconsideration in light of Dr. James Allen's affidavit, which provides:
October 24, 1996, incident with a pressure-type flu vaccination. There does not appear to have been any allergic reaction. There is some question as to whether there was bruising right away * * *. There apparently was a 4 X 5 inch bruise/hematoma noted at the Mayo Clinic when she was seen there a few days later. It was just their impression that this represented an axillary nerve injury involving the sensory branches of the axillary nerve. I would agree that this is the most likely diagnosis. * * *
As to permanent impairment from this injury , she does apparently continue to be symptomatic from it, more than three years after the incident. This would suggest that it is of a permanent nature, although with the newer treatments for neuralgia, we have found excellent relief and, if that were to be the case with Ms. Donovan, then it may be that this would not be a permanent condition.
Allen's affidavit establishes that Lynn Donovan suffered an injury to her arm after receiving a flu shot and that the injury may be permanent. Allen's affidavit does not add any evidence regarding the standard of care or causation to that already in the record. The district court did not err in denying appellants' motion for reconsideration.
Affirmed.
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