Legal Updates – Page 43

Exeter Hospital Hepatitis C Class Action lawsuit points

July 19, 2012 By

McGrath Law Firm would like to emphasize the following points relative to the Hepatitis C class action lawsuit against Exeter Hospital:

The criminal action from the U.S. Attorney’s Office will help bring about a more rapid resolution to this case. The federal investigation will devote unlimited resources to the prosecution.
Peter McGrath is a former federal prosecutor, so he is very familiar with the process….
1175 people have been told that they were possibly exposed to the deadly virus. They are all potential members of the class action.
The folks who were told that they were negative are suffering pain, stress and anxiety. To make matters worse, they are now being told they should be tested for AIDS because apparently those with Hepatitis C are at a higher risk of also having AIDS .
There are a lot of people who are dismissing the impact and severity of the issues surrounding the people who have initially tested negative. I can’t emphasize enough that not only do they have a case, but that they are not out of the woods yet. There is a 6-month waiting period to confirm a negative diagnosis. So during those 6 months, these victims have to essentially live their lives as if they are infected with Hepatitis C and AIDs.
All of the victims, including those who tested negative, cannot be intimate with their spouses and have to be careful in day-to-day activities including simples cuts and scrapes to the skin.
Our clients are being told by their doctors that they should be tested for AIDS
There are a lot of misunderstandings of class actions on the state level. In New Hampshire, class actions are governed by N.H. Superior Court Rule and each individual will be compensated individually based on the person’s medical condition, age and other factors. It is not a “lump sum” of money that his divided up equally between the class, as in federal class actions or out of state matters.
The final verdict or settlement agreement is calculated for each named individual who is part of the class. In N.H., each individual who is part of the class gets recognized individually and compensated individually.
There is no requirement for any victim to join the class action, and the firm can represent victims individually
McGrath Law Firm has more than 20 years of experience and has handled numerous significant medical malpractice matters.
Exeter Hospital does not want the victims to join the class action or to have a lawyer, but they need one.

We know class actions are not the choice for everyone. Not only can Attorney McGrath represent you in the class action, but because we are intimately familiar with the details, we can easily represent you individually if that is the route you want to go. McGrath Law Firm, PA has extensive experience with medical malpractice cases.

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

Click here to read previous blog post.

Exeter Hospital Hepatitis C Class Action lawsuit points

July 19, 2012 By

McGrath Law Firm would like to emphasize the following points relative to the Hepatitis C class action lawsuit against Exeter Hospital:

The criminal action from the U.S. Attorney’s Office will help bring about a more rapid resolution to this case. The federal investigation will devote unlimited resources to the prosecution.
Peter McGrath is a former federal prosecutor, so he is very familiar with the process….
1175 people have been told that they were possibly exposed to the deadly virus. They are all potential members of the class action.
The folks who were told that they were negative are suffering pain, stress and anxiety. To make matters worse, they are now being told they should be tested for AIDS because apparently those with Hepatitis C are at a higher risk of also having AIDS .
There are a lot of people who are dismissing the impact and severity of the issues surrounding the people who have initially tested negative. I can’t emphasize enough that not only do they have a case, but that they are not out of the woods yet. There is a 6-month waiting period to confirm a negative diagnosis. So during those 6 months, these victims have to essentially live their lives as if they are infected with Hepatitis C and AIDs.
All of the victims, including those who tested negative, cannot be intimate with their spouses and have to be careful in day-to-day activities including simples cuts and scrapes to the skin.
Our clients are being told by their doctors that they should be tested for AIDS
There are a lot of misunderstandings of class actions on the state level. In New Hampshire, class actions are governed by N.H. Superior Court Rule and each individual will be compensated individually based on the person’s medical condition, age and other factors. It is not a “lump sum” of money that his divided up equally between the class, as in federal class actions or out of state matters.
The final verdict or settlement agreement is calculated for each named individual who is part of the class. In N.H., each individual who is part of the class gets recognized individually and compensated individually.
There is no requirement for any victim to join the class action, and the firm can represent victims individually
McGrath Law Firm has more than 20 years of experience and has handled numerous significant medical malpractice matters.
Exeter Hospital does not want the victims to join the class action or to have a lawyer, but they need one.

Hepatitis C outbreak at Exeter Hospital is growing, 31 positive as reported by WMUR…McGrath Law Firm has 88 Class Members so far

July 13, 2012 By

McGrath Law Firm has 88 class members to date in the class action against Exeter Hospital for the Hepatitis C outbreak and exposure. The lawsuit is growing.
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As recently reported by WMUR…

Four more patients have tested positive for a strain of hepatitis C linked to Exeter Hospital, state health officials said Thursday.

The Department of Health and Human Services said the new cases bring the total number of cases connected to the outbreak to 31. One of those patients is also an Exeter Hospital employee, health officials said.

The outbreak has been linked to the hospital’s cardiac catheterization lab, and health officials have been seeking to test patients treated in the lab since Oct. 1, 2010. Director of Public Health Dr. Jose Montero said the new cases don’t require the department to expand the testing timeframe.

“The testing is continuing and will until we feel sure that we have not missed any possible exposures of patients related to this outbreak,” Montero said. “We continue to gather information and are trying to reach approximately 50 patients from the list who still need to have their blood drawn for testing.”

Health officials said the the testing has also diagnosed 12 patients with a different strain of hepatitis C than the one linked to the hospital.

The investigation is continuing into how the virus was spread. Health officials have said they believe a drug-addicted employee may have been using needles that were then used on patients.

Several patients have filed lawsuits against the hospital.

Hepatitis C is a viral infection transmitted by blood that causes inflammation of the liver and can lead to chronic health issues.

Any patient who was treated at the lab or its recovery room from Oct. 1, 2010, through May 25, 2012, should have received a letter from Exeter Hospital about the need for testing, health officials said.

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Click here to read previous blog post.

Hepatitis C outbreak at Exeter Hospital is growing, 31 positive as reported by WMUR…McGrath Law Firm has 88 Class Members so far

July 13, 2012 By

McGrath Law Firm has 88 class members to date in the class action against Exeter Hospital for the Hepatitis C outbreak and exposure. The lawsuit is growing.
************************

As recently reported by WMUR…

Four more patients have tested positive for a strain of hepatitis C linked to Exeter Hospital, state health officials said Thursday.

Health officials said the the testing has also diagnosed 12 patients with a different strain of hepatitis C than the one linked to the hospital.

The investigation is continuing into how the virus was spread. Health officials have said they believe a drug-addicted employee may have been using needles that were then used on patients.

Several patients have filed lawsuits against the hospital.

Hepatitis C is a viral infection transmitted by blood that causes inflammation of the liver and can lead to chronic health issues.

*************************

Peter Mcgrath, NH – Exeter Hospital patient says Exeter Hospital should be ashamed of Hepatitis C outbreak

July 2, 2012 By

AR-706249927.jpg&q=100&maxw=350 — Peter McGrath with John Doe #1

As reported By MARK HAYWARD
New Hampshire Union Leader
CONCORD — One of 19 Exeter Hospital patients infected with hepatitis C said the infection has kept him from doing one of the most enjoyable and beneficial activities since his heart surgery — walking.

The patient, identified by his lawyer as John Doe No. 1, spoke to the media and allowed his photograph to be taken Thursday morning. He did not provide a name.

A 49-year-old industrial mechanic, the Rockingham County resident said he was doing well until told of the hepatitis C. Since then, he has felt tired and his side hurts.

“It sets you back. You’re depressed all the time. You try to find something to do to take your mind off of it, but you can’t get your mind off it,” he said.

His lawyer, former federal prosecutor Peter G. McGrath, has filed a lawsuit against Exeter Hospital in Rockingham County Superior Court. McGrath said he has 44 clients and is seeking class-action status.

State health officials have said the likely cause of the outbreak is a hospital employee who injected himself with hospital painkillers and then returned the syringe for patient use.

McGrath said there are best practices for prevention of drug diversion, the term used to describe employee misuse of hospital medications. They include inventory control, employee drug testing, background checks, a second nurse to monitor drug dispensations and even retina scans.

Exeter Hospital was careless about following its own protocols, McGrath said, attributing the statement to Dr. Jose Montero, the New Hampshire director of public health.

Hospital spokesman Debbie Vasapolli said she could not comment on McGrath’s statement because of an investigation into the outbreak by the state attorney general.

“It’s clear that something didn’t work well here,” Montero said. But he said he could not discuss specifics because his department is investigating the matter.

Another attorney, Manchester lawyer Mark Abramson, has said he is representing seven clients who have tested positive for hepatitis C.

McGrath said five of his clients have tested positive; 20 are awaiting results; 19 have received negative results.

Patients with negative results suffered from emotional distress, McGrath said. And they are not in the clear: they must take a second test in six months to see whether their bodies have formed hepatitis C antibodies; that test is 98 percent certain, he said.

McGrath said some clients suffered needless pain in the hospital because of the alleged drug diversion.

McGrath’s client, a father of three, said he is dumbfounded over what happened. “I’m pretty much never going back to Exeter Hospital,” he said.

He said he underwent heart surgery last August. This spring, he received a telephone call from the hospital asking him to come in and be treated for hepatitis C.

He said he was disgusted to see that elderly people also had to go in for blood tests.

“They (Exeter Hospital) should be ashamed of themselves,” the man said. Hepatitis C is spread by infected blood and, in some cases, sexual contact, according to the Centers for Disease Control. It can result in long-term liver problems such as cirrhosis and cancer.

McGrath said the treatments are complicated and usually involve a mix of drug cocktails.

McGrath said the man’s wife has suffered sleepless nights and his children are upset.

“It’s all over the news, they can’t get away from it,” he said.

Has you or someone you know been affected by the Hepatitis C outbreak at Exeter Hospital? Do you want to know your legal rights? Call Attorney Peter G. McGrath at (603) 224-7111 or visit www.mcgrathlawfirm.com to learn!!! We will fight for your rights!!

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

June 28, 2012 By

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.

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Exeter Hospital Hepatitis C Class Action lawsuit points

Exeter Hospital Hepatitis C Class Action lawsuit points

Hepatitis C outbreak at Exeter Hospital is growing, 31 positive as reported by WMUR…McGrath Law Firm has 88 Class Members so far

Hepatitis C outbreak at Exeter Hospital is growing, 31 positive as reported by WMUR…McGrath Law Firm has 88 Class Members so far

Peter Mcgrath, NH – Exeter Hospital patient says Exeter Hospital should be ashamed of Hepatitis C outbreak

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