NEW ORLEANS – A Louisiana woman is seeking nearly a half million dollars in damages for an allergic reaction she allegedly sustained after undergoing shoulder surgery at a veterans hospital in New Orleans.
Plaintiff Antoinette Payne filed her lawsuit August 6 in the U.S. District Court for the Eastern District of Louisiana.
Payne, a resident of St. Tammany Parish, named the U.S. government as a defendant. The Southeast Louisiana Veterans Health Center in New Orleans – where Payne had surgery – falls under the U.S. Department of Veterans Affairs.
“Petitioner submits that as a result of the breach of standard of care in administering a known allergen to her, that she has suffered a painful medical condition which has required extensive medical care and treatment,” the five-page complaint states.
Payne claims several days after having surgery for a right shoulder bursa clean-up, with a possible rotator cuff repair, the incision site began to feel “uncomfortable.”
“The area began to have an itchy and burning feeling, and Ms. Payne was having trouble sleeping and was uncomfortable,” the filing states.
She claims she went to the emergency room and was given Benadryl and an ointment. After a day of no relief, she said she went to the dermatology walk-in clinic. At this point, her surgery site was “completely red with raised bumps.”
Payne said she was given another round of medication, which provided “little help.”
After reviewing her medical records, she alleges a nurse’s documentation made on Feb. 27, 2023 noted chlorhexidine was used.
Chlorhexidine is an antiseptic and disinfectant with a broad range of uses, including cleaning skin before surgery.
“Ms. Payne’s medical records are clear and list chlorhexidine as a known allergy,” the complaint states.
Payne, who claims she has suffered physical pain and suffering and mental anguish following the hospital’s alleged negligence, said she now fears her next exposure “may be worse” and cause “even more damages.”
According to the filing, Payne submitted an administrative claim for negligence to the U.S. Department of Veterans Affair Medical Center Director. The complaint was received Jan. 17, 2024. On May 16, 2025, her claim was denied.
She seeks $450,000 in damages, together with current medical bills and future medical bills.
Walker Daly LLP in Metairie, La., is representing Payne in the action.
