Questione giuridica chiave
Whether the nerve injury during venipuncture constituted an accident under Art. 4 ATSG, in particular due to an unusual external factor.
Decisione estratta
Yes. The atypical and grossly improper puncture of the tissue behind the vein amounted to an unusual external factor; the accident definition was met.
Motivazione estratta
A blood draw is routine, so the insured need not expect a lasting injury. Because the assistant had to pierce the fascia behind the vein to reach the nerve, the procedure was grossly unsound and objectively extraordinary, even though the complication is known in medical literature.