Unionleader.com reports
John Doe, a former Exeter Hospital patient infected with hepatitis C said he he wants nothing to do with the hospital.
The man, a 49-year-old industrial mechanic and father of three children, is identified as John Doe No. 1 in a lawsuit filed in Rockingham County Superior Court.
He spoke briefly this morning to the media.
“It sets you back,” he said. “You’re depressed all the time. You try to find something to do to get your mind off it, but you can’t.”

If

Understanding hepatitis C:Hepatitis C is a contagious disease of the liver. It is literally an  inflammation of the liver. Other than sharing a needle with someone who has the  disease, it can result from toxins, certain drugs, some diseases, heavy alcohol  use, and bacterial or viral infections. Other common types of hepatitis are hepatitis  A and hepatitis B.
According to the CDC, the health effects of hepatitis C “can range in  severity from a mild illness lasting a few weeks to a serious, lifelong  illness…Most people become infected with the hepatitis C virus by sharing  needles or other equipment to inject drugs.”
The CDC also warns that “there is no vaccine for hepatitis C. The best way  to prevent hepatitis C is by avoiding behaviors that can spread the disease,  especially injection drug use.”

If you would like to know more about a possible lawsuit related to contracting hepatitis C from the outbreak at Exeter Hospital in Exeter, New Hampshire,  call our medical malpractice attorneys now.   Please call (603) 224-7111.

EXETER — Multiple Exeter Hospital patients complained during a special meeting held by the state Friday night about having to be re-tested for hepatitis C because the hospital sent the state expired blood samples.

The complaint was brought up on several occasions by patients and attorneys during the roughly two-hour public meeting on the Exeter Hospital hepatitis C outbreak held at Exeter High School.

State Health Director Jose Montero said the blood samples taken for the hepatitis C testing expire after 72 hours and the hospital didn’t deliver 27 samples to the state lab in time earlier this week.

“It was an issue of coordination and we’re investigating how it happened,” Montero said.

******

Attorney Peter McGrath of Concord, who has filed two class action lawsuits against Exeter Hospital, said he has multiple clients who don’t want to go back to Exeter Hospital. He questioned why the hospital is still open while the state is investigating the outbreak.

McGrath’s concern was shared by a number of residents.

******

Drug diversion has been ruled the likely cause of the outbreak. Montero said that in drug diversion cases a hospital employee typically steals a syringe containing medication while procedures are taking place, injects himself or herself, fills the syringe back up with saline solution, then the syringe gets re-used on the patient.

 

Attorney McGrath, former federal prosecutor, stated the clients damaged by Exeter Hospital have yet another legal claim caused by Exeter Hospital from exposure to Hepatitis C in the cardiac cath lab.  Hepatitis C exposure caused intentional negligent infliction of emotional distress. Exeter Hospital is responsible. Attorney McGrath and the other attorneys at the McGrath Law Firm have consulted a doctor regarding Hepatitis C. Exeter hospital did not conduct the proper safety practices that are required.
Hepatitis C can cause liver damage and other severe damage.

Attorney McGrath, former federal prosecutor, stated the clients damaged by Exeter Hospital have yet another legal claim caused by Exeter Hospital from exposure to Hepatitis C in the cardiac cath la.  Hepatitis C exposure caused intentional negligent infliction of emotional distress. Exeter Hospital is responsible. Attorney McGrath and the other attorneys at the McGrath Law Firm have consulted a doctor regarding Hepatitis C. Exeter hospital did not conduct the proper safety practices that are required.
Hepatitis C can cause liver damage and other severe damage.

As Written by Pam Cross at WCVB…
A former patient at Exeter Hospital in New Hampshire said he was “dumbfounded” to learn he had hepatis C apparently contracted at the hospital.

The 49-year-old Rockingham County man, who is referred to as John Doe said he was a patient at the hospital in August 2011 for a heart condition.

“I was dumbfounded, the hospital wasn’t answering any questions. I was getting healthier with my heart and all of a sudden bang,” he said.

When his positive blood test was returned he said, “I was pretty upset, depressed like there was no tomorrow.  What do you tell your wife? Should she be tested? I don’t know what is next.”

The man appeared at the office of his attorney in Concord, N.H.  John Doe is one of 44 people preparing a class action lawsuit against Exeter Hospital.

New Hampshire state health officials say 20 people have been diagnosed with hepatitis C. They were all patients at the Cardiac Cath lab at Exeter Hospital. The state is now asking all patients at that lab from Oct. 1, 2010, to May 25, 2012, to be tested. It could involved testing 1,000 to 1,300 people.

The hospital has acknowledged one of their staff people tested positive for hepatitis C.  The state of New Hampshire believes the source of infection was a drug abuser who stole patient medication.  The syringes were later used on patients, spreading the virus.

The 49-year old husband, father and grandfather, says he learned he was positive last week.  He says, “I worked through all the stages, I was depressed, upset and now I am just pissed.”

 

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.

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.

As seen on WMUR…
A Rockingham County man who said he contracted hepatitis C at Exeter Hospital said Thursday that he’s angry about what happened to him.

The 49-year-old man has been identified only as John Doe No. 1 in legal filings. He spoke to News 9 and allowed his image to be used, but not his name.

Doe said  he had a heart attack in August 2011 and was taken to Exeter Hospital for treatment.

He said he got a phone call from the hospital on June 1 saying that he might have contracted the disease. He said that when he got the phone call, he was “dumbfounded.”

The hospital said hundreds of patients needed be tested after it was discovered that a strain of hepatitis C was linked to its cardiac catheterization lab. One employee and 19 patients have so far tested positive for the virus.

Doe said that after undergoing tests, he was confirmed to have hepatitis C and is now part of a class action lawsuit filed by Concord attorney Peter McGrath.

McGrath said the man is one of five confirmed cases of hepatitis C that are part of his legal action. He said 44 people have joined the lawsuit.

Doe has three children and one grandchild, and he said the hardest part of the ordeal was telling his wife of 26 years that he was sick.

McGrath said doctors have been telling him that approximately 60 percent of hepatitis C patients can live normal lives with treatment if they are in good health. But he said that most people who were being treated at the hospital were already facing health problems.

Doe said he is undergoing treatment for hepatitis C, but he hasn’t been given a prognosis

As seen on WMUR…
A Rockingham County man who said he contracted hepatitis C at Exeter Hospital said Thursday that he’s angry about what happened to him.

The 49-year-old man has been identified only as John Doe No. 1 in legal filings. He spoke to News 9 and allowed his image to be used, but not his name.

Doe said  he had a heart attack in August 2011 and was taken to Exeter Hospital for treatment.

He said he got a phone call from the hospital on June 1 saying that he might have contracted the disease. He said that when he got the phone call, he was “dumbfounded.”

The hospital said hundreds of patients needed be tested after it was discovered that a strain of hepatitis C was linked to its cardiac catheterization lab. One employee and 19 patients have so far tested positive for the virus.

Doe said that after undergoing tests, he was confirmed to have hepatitis C and is now part of a class action lawsuit filed by Concord attorney Peter McGrath.

McGrath said the man is one of five confirmed cases of hepatitis C that are part of his legal action. He said 44 people have joined the lawsuit.

Doe has three children and one grandchild, and he said the hardest part of the ordeal was telling his wife of 26 years that he was sick.

McGrath said doctors have been telling him that approximately 60 percent of hepatitis C patients can live normal lives with treatment if they are in good health. But he said that most people who were being treated at the hospital were already facing health problems.

Doe said he is undergoing treatment for hepatitis C, but he hasn’t been given a prognosis