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NH Health Officials Schedule Public Meeting on additional testing due to Exeter Hospital hep c outbreak in Exeter, NH

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The Union Leader has reported that NH State health officials will be hosting a public meeting in Exeter on Thursday for anyone with questions related to the hepatitis C outbreak at Exeter Hospital.
The Department of Health and Human Services said the meeting will be held at 6 p.m. at Exeter High School.

Health officials said they will be on-hand to answer questions and provide details of testing clinics that will be set up at the high school.

This week, the department expanded its guidelines of who should be tested for hepatitis C to include patients treated in the hospital’s operating rooms and intensive care unit from April 1, 2011, to May 25, 2012.

By late Wednesday afternoon, Exeter Hospital was estimating that it would actually only be around 3,400 people in need of testing.

State officials say they expanded testing to include those who had surgery at the hospital or were admitted to the hospital’s intensive care unit from April 1, 2011 to May 25, 2012, because Kwiatkowski had limited access to those areas during those times.

.McGrath Law Firm is a full-service law firm with offices in New Hampshire and South Carolina, and has affiliations with law firms in Kansas and nationwide.

Have you or someone you know been affected by the Hepatitis C outbreak? Do you want to know your legal rights? Call Attorney Peter G. McGrath at (800) 283 1380 or (603) 224-7111 or visit www.mcgrathlawfirm.com to learn about your legal rights!! We get results!!!

6000 more patients exposed to Hepatitis C at Exeter Hospital – Class action claims expand

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The state Department of Health and Human Services is asking that anyone who had surgery at Exeter Hospital or were admitted to the hospital’s intensive care unit from April 1, 2011 to May 25, 2012 be tested for the virus.
“We have acquired some information that suggests the person that we believed caused this particular event had access to these rooms,” said Dr. José Montero, director of public health at the state Department of Health and Human Services.

Affected patients can expect letters this week.  According to Dr. Montero, he expects that a lot less people will test positive.  Out patient surgical procedures are not included in this round of tests.

According to SeacoastOnline.com, to deal with the large number of people that need to be tested, special testing clinics will be set up at Exeter High School starting this weekend.

The clinics will take place from 10 a.m. to 8 p.m. on Saturday, July 28 and Sunday, July 29, and from noon to 8 p.m. next Monday and Tuesday, July 30 and 31.

Those who do not want to take part in the testing clinic can get tested by their primary doctors but those doctors must submit the positive results to the state for reporting, according to Montero.

A special public meeting will be held to answer additional questions at 6 p.m. on Thursday, July 26 at Exeter High School.

Montero explained that the state will be using a special “rapid test” that displays results within 20 to 40 minutes if a patient tests negative. Those who don’t test negative, will require additional testing. He said the rapid testing is like a glucose reading where a person has their blood drawn by getting their finger pricked.

He said this method of testing wasn’t used in the last phase of testing involving Exeter Hospital cardiac catheterization lab patients. That is due to the fact that the state needed more comprehensive data from the blood samples at the beginning of its investigation. Unlike previous testing that was managed by Exeter Hospital, this testing will be conducted by the DPHS (Division of Public Health Services).

We expect there to be additional legal action from the 6,000 new patients that need to be tested. They all have a claim for infliction of emotional distress and negligence because they’re going to suffer pain and emotional distress as a result.

McGrath Law Firm is a full-service law firm with offices in New Hampshire and South Carolina, and has affiliations with law firms in Kansas and nationwide.

Have you or someone you know been affected by the Hepatitis C outbreak? Do you want to know your legal rights? Call Attorney Peter G. McGrath at (800) 283 1380 or (603) 224-7111 or visit www.mcgrathlawfirm.com to learn about your legal rights!! We get results!!!

 

 

 

click here to read prior blog posting

Concord law firm McGrath Law Firm files for class action case due to Exeter Hospital Hep C outbreak in Exeter, NH

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Read the complaint as filed in Rockingham Superior Court:
 

NOW COMES, Petitioner, John Doe, by and through counsel, McGrath Law Firm, PA, and hereby files this Complaint and Request for Panel and Class Action Certification.

In support thereof, we provide as follows:

Plaintiff John Doe is a resident of Rockingham County, New Hampshire and is 49 years old.

Additional Plaintiffs, as allowed by the Court, whom are similarly situated.

Defendant Exeter Hospital is a non-profit corporation, located at 5 Alumni Drive, Exeter, New Hampshire 03833 and is duly organized in accordance with the laws of the State of New Hampshire (hereinafter also referred to as the “Hospital”).

 

GENERAL ALLEGATIONS

 

In August 2011, and at other times, Plaintiff was a patient at Exeter Hospital.  He was administered a number of intravenous medical treatment procedures.  He was treated in the cardiac unit and in other units.

In June 2012, he received a phone call from the Hospital informing him that it was discovered that there was a Hepatitis C outbreak in the cardiac catheterization laboratory and cardiac unit and that he was one of the people that may have been infected. The Hospital requested that he return for testing.

Plaintiff has been informed that the medical treatment professionals would like him to begin a regimen of complicated and expensive pharmaceutical treatment.

Since the phone call from Exeter Hospital, Plaintiff has suffered many bouts of sleeplessness, high stress, and pain and suffering.

The Hepatitis C infection is a contagious liver disease that is known to cause liver damage, liver failure, severe health risks, painful swelling, scar tissue, destruction of cells, death, and other damages.

Among other things, Hepatitis C is a lifelong illness that may require blood transfusions and an organ transplant.

The Cardiac Catheterization Laboratory, and its Hospital are required to provide proper maintenance, oversight, security and control of its laboratory, cardiac units and other units. The Hospital must maintain strict procedures to protect patients from infections and avoid transmission of infected blood. Upon information and belief, the security procedures, treatment requirements and oversight required did not take place here.

Upon information and belief, the infection was caused by a Hospital employee, agent or some other person, and should have and could been prevented by the Hospital, its supervisors, managers, employees and/or agents.

 

COUNT I – PROFESSIONAL NEGLIGENCE

Plaintiff John Doe restates and reincorporates by reference each and every allegation stated in paragraphs 1-11 above.

Exeter Hospital was negligent in its care and treatment of John Doe in that they failed to care for and treat him in accordance with the standard of care and skill required of and ordinarily exercised by the average qualified physician, healthcare professional, Hospital supervisors, the Hospital and staff engaged in medical practice at a professional level.

The Hospital’s negligence includes, but was not limited to, failing to maintain and properly administer safe intravenous treatment, monitor safe blood transmission samples, oversee the security and control of its laboratory and cardiac units and other units, resulting in a Hepatitis C breakout that may have infected John Doe and other patients.

As a direct and proximate result of the negligence of the Hospital, John Doe has suffered injuries and damages including but not limited to a possible Hepatitis C infection, pain and suffering, financial loss, and other damages which rendered him no longer able to engage in his chosen profession, daily activities and enjoyment of life.

Plaintiff John Doe demands judgment against defendant Exeter Hospital on Count I of the within Complaint, in the amount that will justly compensate him for his damages, future loss, together with interest, costs and attorneys’ fees of this action.

COUNT II – NEGLIGENCE/INFORMED CONSENT

Plaintiff John Doe restates and reincorporates by reference each and every allegation stated in paragraphs 1-16 above.

The Hospital had a duty to disclose in a reasonable manner all significant medical information that it possessed or reasonably should have possessed that is material to an intelligent decision by the patient whether to undergo a proposed procedure.

If the Hospital had provided the proper and adequate information, neither John Doe nor a reasonable person in similar circumstances would have undergone the procedure.

That the Hospital failed to explain any risk of Hepatitis C infection to John Doe.

That the Defendant failed to act and/or omitted to act to prevent Plaintiff’s suffered injury which would not have ordinarily occurred.  An ordinary prudent professional within the healthcare industry would have taken the proper precautions to prevent, oversee, and make sure that John Doe and other patients were not affected by contamination of Hepatitis C infection that was directly caused by Defendant’s agents, supervisors, servants, and employees.

Plaintiff John Doe demands judgment against defendant Exeter Hospital on Count II of Plaintiff’s Complaint in the amount that will justly compensate him for his damages, together with interest, costs and attorneys’ fees of this action.

COUNT III – NEGLIGENT SUPERVISION

 

Plaintiff John Doe restates and reincorporates by reference each and every allegation stated in paragraphs 1-22 above.

That the Defendant had an obligation and duty to investigate and hire professional and competent employees and to make sure they do not create any harm or risk to the patients of Exeter Hospital.

That Exeter Hospital failed to exercise due care and failed to supervise their employee(s) or agent(s).

Upon information and belief, as a result of the failure to supervise, the Hospital permitted an employee(s) or agent(s) to transmit a Hepatitis C infection to John Doe and other patients.

The employer failed to take reasonable protective measures to safeguard John Doe and other patients.  As a risk of this failure to exercise reasonable care, the Hospital permitted a threatened harm to the patients.

The Hospital failed to monitor and test proper blood transmission supplies and was otherwise negligent in its supervision and of its employees.

The Defendant knew, or should have known, of the problematic employee or agent and the risk created.

That the Defendant failed to take proper effective remedial action, reasonably calculated to end the risk to the patients.  The Defendant was negligent in hiring, training, supervising and investigating the misconduct of the employee.  As a direct and proximate result of the negligent supervision by the Defendant, the Plaintiff has been damaged within the jurisdictional of this Court.

Plaintiff requests that this matter be assigned to the Medical Malpractice Screening Panel for further consideration pursuant to RSA 519-B.

PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL CLAIMS IN THIS ACTION.

COUNT IV

CLASS ACTION – REQUEST FOR CERTIFICATION

(ALL DEFENDANTS)

Plaintiff John Doe restates and reincorporates by reference each and every allegation stated in paragraphs 1-32 above.

Upon information and belief, there are approximately 20 or more persons comprising a class of persons with claims that are essentially identical in substance to this action.

John Doe and the other Plaintiffs construe a class of persons identified by Hepatitis C infection as a result of the acts and omissions of the Defendant.  As a consequence of filing this action, and through discovery, the class is expected to increase in number pursuant to the required notice, and as additional Plaintiffs who developed the Hepatitis C infection as a result of the Hospital’s negligence, are identified during discovery.

The claims presented by the named Plaintiff is representative of claims which typify all of the potential members of the class.

To the extent there may be defenses to Plaintiff’s claims, they are expected to be the same or similar for all members of the class.

All issues of law and fact at issue are common to the class and the individual members.  The issues of law and equity are indistinguishable between them.

The Class Action is superior to all other means to adjudicate:

(a) the dispute, given the nature and form of the relief requested;

(b) issues with respect to the potential collection on judgment; and

( c) the inefficiency of adjudicating these common claims one by one.

Class Action is authorized pursuant to Superior Court Rule 27-A.

Wherefore, Plaintiff demands judgment against Defendant for all damages Defendant has caused, including interest, cost, attorneys’ fees and such other relief as the Court deems just, and pray this Court allow maintenance of the action on behalf of the named class and permit notice to the members of the class.

WHEREFORE, Plaintiffs respectfully request that this Honorable Court:

A. Issue Orders of Notice and service copies for service upon Defendant;

B. Certify this action as a “Class Action” pursuant to RSA 358-A:10 and Superior Court Rule 27A and issue the required Notices of Class Action pursuant thereto;

C. Assign the within matter to the Medical Malpractice Screening Panel for further consideration pursuant to RSA 519-B;

D. Schedule a hearing on this matter; and,

E. Order such other and further relief as is just and proper.

Click here to read previous blog post.

Hays Hospital in Kansas discloses Hep C exposure

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Hays Medical Center in Kansas has disclosed that the same person who infected many Hepatitis C patients in New Hampshire also worked in Kansas. Hays Medical Center is contacting 500 people that may be exposed to Hepatitis C. It is the largest Hep C risk ever in Kansas.
The Kansas Department of Health and Environment has begun notifying former Hays Medical Center patients that they may have been exposed to Hepatitis C.

McGrath Law Firm has begun an investigation and plans to bring claims against Hays Medical Center in regard to the employment of a lab technician who has been charged with infecting patients with Hepatitis C when he worked at similar facilities.  The defendant allegedly took pain medicine in needles and switched the needles with contaminated needles from his own drug use.

According to former federal prosecutor Peter McGrath, who is spearheading legal actions against Exeter Hospital in New Hampshire based on the same situation, David Kwiatkowski has already been charged in N.H. for contaminating supplies with the virus used in intravenous care.  Kwiatkowski is also a former technician at Hays Medical Center.

According to news reports, the defendant was informed that he had been infected with Hepatitis C in June 2010.  He worked at Hays Medical Center from May 24, 2010, to September 22, 2010.

Hepatitis C is an infection caused by a virus that attacks and inflames the liver. People infected with the Hepatitis C Virus (HCV) have differing symptoms. Hepatitis C is generally considered to be one of the most serious of the hepatitis viruses.  It is contracted through contact with contaminated blood.  A Hepatitis C infection that continues over many years can cause significant complications, such as scarring of the liver tissue (cirrhosis), liver cancer and liver failure.

500  patients from Hays Medical Center are being told that they were possibly exposed to the deadly virus.  All of the 500 victims have a claim, whether or not they test positive for Hepatitis C.  The former patients who receive a phone call telling them that they need to be tested will suffer pain, stress and anxiety from the fear of having the disease.

There are a lot of people who minimize the impact and severity of the issues surrounding the people who are told they may be infected.  There is a 6-month waiting period to confirm a negative diagnosis, so I can’t emphasize enough that all victims have a case for emotional distress, whether or not they test positive. During that 6-month waiting period, these victims have to essentially live their lives as if they are infected with Hepatitis C.

McGrath Law Firm already has already handled these claims in N.H. and is uniquely positioned to spearhead the claims against Hays Medical Center.  The firm has already successfully attained medical treatment for its clients in N.H.

Hospital labs are required to administer proper care, oversight, security and control in its laboratories. The hospital must maintain strict procedures to protect patients from infections and avoid transmission of the disease.

Upon information and belief, the security procedures, treatment requirements, and oversight required in labs did not take place at Hays Medical Center.  In addition, we believe the possible exposure was caused by negligent supervision of a hospital employee and should have been prevented by the hospital.

McGrath Law Firm is a full-service law firm with offices in New Hampshire and South Carolina, and has affiliations with law firms in Kansas and nationwide.

*All claims have not been adjudicated and any allegations made are unproven at this time.

Have you or someone you know been affected by the Hepatitis C outbreak? Do you want to know your legal rights? Call Attorney Peter G. McGrath at (800) 283 1380 or (603) 224-7111 or visit www.mcgrathlawfirm.com to learn about your legal rights!! We get results!!!

 

Click here to read previous blog post.

McGrath Law Firm Investigates Hays Medical Center Hep C exposure

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McGrath Law Firm announces action against Hays Medical Center in Hays, K.S., for exposure to Hepatitis C.  The Kansas Department of Health and Environment has begun notifying former Hays Medical Center patients that they may have been exposed to Hepatitis C.
McGrath Law Firm has begun an investigation and plans to bring claims against Hays Medical Center in regard to the employment of a lab technician who has been charged with infecting patients with Hepatitis C when he worked at similar facilities.  The defendant allegedly took pain medicine in needles and switched the needles with contaminated needles from his own drug use.

According to news reports, the defendant was informed that he had been infected with Hepatitis C in June 2010.  He worked at Hays Medical Center from May 24, 2010, to September 22, 2010.

McGrath Law Firm has already handled these claims in N.H. and is uniquely positioned to spearhead the claims against Hays Medical Center.  The firm has already successfully attained medical treatment for its clients in N.H.

Hospital labs are required to administer proper care, oversight, security and control in its laboratories. The hospital must maintain strict procedures to protect patients from infections and avoid transmission of the disease.

 

McGrath Law Firm is a full-service law firm with offices in New Hampshire and South Carolina, and has affiliations with law firms in Kansas and nationwide.

*All claims have not been adjudicated and any allegations made are unproven at this time.

Have you or someone you know been affected by the Hepatitis C outbreak? Do you want to know your legal rights? Call Attorney Peter G. McGrath at (800) 283 1380 or (603) 224-7111 or visit www.mcgrathlawfirm.com to learn about your legal rights!! We get results!!!

 Click here to read previous blog post.