needle.jpg

An acupuncture needle.

(Stock photo)

A 34-year-old man is suing a Southeast Portland acupuncture clinic for $3.15 million, claiming that the acupuncturist mistakenly left a needle in his groin -- an injury that has seriously hindered the man's ability to walk and forced him to quit his job as an arborist.

Robert Shipp claims that an acupuncturist at China Acupuncture and Herb Center actually left two needles in his body, according to his suit filed Friday in Multnomah County Circuit Court. Shipp's suit states that he was able to pull out one without incident but the other broke off at the tip, leaving it embedded underneath his skin.

Shipp had visited the clinic on Oct. 21, 2013, to relieve pain he was suffering from a car accident, said Shipp's Portland attorney, James Shadduck. A moment or two after leaving the clinic, Shipp realized something wasn't right. That's when he discovered the needles, pulled one out and saw that the other one already had broken off at the tip, Shadduck said.

"(The visit) was supposed to relieve pain," Shadduck said. "And it's just caused more misery."

Shadduck said his client immediately returned to the clinic, where an employee told Shipp to go to the emergency room.

The suit faults acupuncturist Lihua Wang for allegedly failing to count the number of needles she used, to ensure that at the end of the procedure she had removed them all. The suit also faults Wang for allegedly failing to "inspect all areas" of Shipp's body to make sure that she'd removed all of the needles before telling him he could dress and leave.

The suit lists the acupuncture clinic, at 14115 S.E. Division St., as the sole defendant. When reached by The Oregonian/OregonLive on Monday, Wang referred comment to the clinic's attorney.

Mike Schroeder, an attorney for the American Acupuncture Council and who is representing the clinic, said there is no evidence that the tip of the needle is embedded in Shipp.

"The position of the clinic is the claim is entirely without merit," Schroeder said. "...Since the American Acupuncture Council was founded in 1986, there has never been a recorded case of an acupuncture needle breaking into pieces as is claimed to have happened in this case.

"In fact," Schroeder continued, "acupuncture needles are only inserted between one-eighth and one-quarter of an inch into the skin. They never go through the skin, and you can bend them multiple times and they still won't break."

According to the suit, Shipp was bedridden in pain for months, with the tip encapsulated by nerves. Shipp's attorney, Shadduck, said his client was told at first by a surgeon that it would be too difficult to remove the needle's tip, but a surgeon later said it was possible.

According to the suit, Shipp underwent surgery to remove the tip from his left inferior pubic ramus. That surgery was unsuccessful, and Shipp plans to undergo surgery again, the suit states.

The suit claims that Shipp at times is unable to move his left leg more than one or two inches past the mid-line.

The suit seeks $2.5 million for Shipp's pain, suffering and loss of enjoyment of life.

The suit also seeks:

An unspecified amount for medical expenses and lost earnings because Shipp, who lives in Southeast Portland, had to stop working.

$500,000 for Shipp's wife, Emma Shipp, for loss of society and assistance.

$150,000 for Robert Shipp's three children, stating that his injury has "compromised the quality of their relationship" with their father because he can no longer "play, hike, bike and otherwise engage his children as a healthy father..."

Read the lawsuit here.

-- Aimee Green

503-294-5119