Tourist sues PIC for fractured elbow

A Russian tourist is suing the Pacific Islands Club Saipan after she allegedly fractured her elbow after falling down PIC’s stairs in 2015.

Irina Batukhtina, a citizen of the Russian Federation, is suing InterPacific Resorts (Saipan) Corp., which does business as Pacific Islands Club Saipan, for alleged negligence.

Batukhtina, through counsel William M. Fitzgerald, asked the U.S. District Court for the NMI to hold InterPacific Resorts liable for pay her unspecified damages and court costs.

Batukhtina is demanding a jury trial.

Batukhtina alleged that she lost wages and income as a result of her injuries and was required to spend money for personal assistance, medicines, and medical supplies, which totals more than $100,000.

According to Fitzgerald in the complaint filed last week, Batukhtina traveled from Yakutsk to Saipan in late December 2014 for a vacation with her son.

In her complaint, she alleged that, as she and her son were descending the stairs on Jan. 2, 2015, to go to a store on the ground level, the heel of her shoe got stuck in a depressed area of the steps, causing her to pitch forward and fall down to ground level.

Fitzgerald said a Russian-speaking manager, Anna Yashkova, together with a young man with a first-aid kit and another man with a paper in his hand, helped Batukhtina to a chair.

Fitzgerald said the man with the paper asked her to sign it, telling her it was to confirm that she did not want to go to a hospital.

The lawyer said Batukhtina was in severe pain at that time and had bruises and scratches on her arm. A PIC staff put ointment and a bandage on the scratches.

After some time, Batukhtina returned to her room to rest and put ice in her arm. The pain in her elbow did not subside, however, and the elbow began to swell.

Batukhtina then went to the front desk and asked Yulya, a Russian-speaking front desk clerk, to take her to the hospital.

Fitzgerald said Yulya, after making a phone call, told Batukhtina that it would be difficult to take her to the hospital, but that she could arrange to take her to a clinic.

Fitzgerald said Batukhtina asked Yulya to arrange an appointment with a doctor that day, but Yulya said it was impossible and instead asked the plaintiff to wait until the next day, and arranged an appointment for 8:50am on Jan. 3, 2015.

Fitgerald said Batukhtina spent the evening of Jan. 2, 2015, in severe pain, unable to sleep.

Fitzgerald said finally, the next morning, Yashkova arranged for a PIC staff member to take Batukhtina to the Marianas Medical Center and drop her off, promising to come back and pick her up.

The doctor at the Marianas Medical Clinic ordered an X-ray, and told plaintiff her elbow was fractured. Fitzgerald said the doctor was shocked to find out that Batukhtina had not gone to the hospital.

Fitzgerald said Yashkova failed to return to the clinic to pick up Batukhtina. PIC finally sent a car to pick the plaintiff up. Plaintiff did not get back to the hotel until 2pm.

Fitzgerald said plaintiff spent the next week in severe pain and discomfort and returned to MMC on Jan. 10, 2015. An MMC doctor put a cast on her arm.

Fitzgerald said that, on Jan. 18, 2015, plaintiff and her son returned to their home in Yakutsk, Russia.

Fitzgerald said the next day, Batukhtina visited an orthopedic surgeon, who informed her that she had suffered a closed fracture of the left elbow and needed immediate surgery. The surgeon sent Batukhtina directly to the hospital, where arrangements were made for surgery. On Jan. 20, 2015, plaintiff checked into the hospital and surgery was performed that evening.

Fitzgerald said the surgery involved the scraping and realigning of bones and insertion of titanium screws into the bone of her elbow. Fitzgerald said the surgery caused stress and mental suffering to Batukhtina since she was awake and forced to view and experience the procedure as it was being conducted.

Plaintiff was hospitalized for nine days.

Fitzgerald said after her return to work, plaintiff continued to have pain in her elbow and consequently underwent a second surgery on June 9, 2015, and was on disability leave until June 25, 2015,

Fitzgerald said that, on May 24, 2016, plaintiff was admitted to the hospital for a third surgery and was discharged on May 26, 2016. She was on disability leave until June 7, 2016.