CONCORD, NH

McGrath Law Firm, PA announces it will file a class action lawsuit against Exeter Hospital in Exeter, NH, for allegedly infecting approximately 20 patients with the Hepatitis C virus.

 

According to the complaint, Joe Doe was recently informed that he may have contracted Hepatitis C while in the exclusive care and custody of the Hospital.  Upon information and belief, an employee of the hospital contaminated the supplies used in intravenous care with the virus, which transmitted the infection to approximately twenty (20) patients.  Details are still being investigated.

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.
• Liver failure.

In the State of New Hampshire, before anyone may proceed with a civil medical malpractice lawsuit, the complainant must appear before a screening panel.  The requirement of the screening panel review was implemented in 2007.

The screening panel is comprised of a retired judge, a health care provider, and an attorney.  The screening panel holds a hearing and listens to assertions from both sides.  The panel must make written findings within thirty (30) days after the hearing and must decide, based upon a preponderance of the evidence:

1. Whether the acts or omissions complained of constitute a deviation from the applicable standard of care:  In August 2011 and at other times, John Doe was a patient at Exeter Hospital.  He was admitted a number of intravenous medical treatment procedures.  He was treated in the cardiac unit and in other units. He was allegedly unknowingly treated with contaminated needles in the Cardiac Catheterization Laboratory and Exeter Hospital;
2. Whether the acts or omissions complained of directly, proximately, or foreseeably caused the injury complained of:  In June 2012, John Doe received a phone call from the Exeter Hospital informing him that he was one of the people that was allegedly infected with Hepatitis C.; and
3. If fault on the part of the medical care provider is found, the panel determines whether any fault on the part of the patient was equal to or greater than the fault on the part of the provider: The Cardiac Catheterization Laboratory and Exeter Hospital is required to take proper maintenance, oversight, security and control of its 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 at Exeter Hospital. Upon information and belief, the infection was caused by a hospital employee and should have been prevented by the Hospital.

According to the complaint, the law firm is seeking a class action suit and will ask the Court to allow similarly situated people, with similar injuries, to join the litigation.

In 2012, McGrath Law Firm was voted the Concord Monitor’s Capital Area People’s Preference award (CAPPIES) Best Law Firm.  In 2010, Peter G. McGrath and Daniel J. Corley were awarded the CAPPIES Best Attorney first and third placement.

Attorney McGrath is a former federal prosecutor and New Hampshire native.  He concentrates his practice in the areas of complex injury law, medical malpractice, business law, environmental law, real estate law, and general litigation matters. Attorney McGrath combines a unique and expansive background of litigation experience, both from the prosecutorial side and from the private sector. As a federal prosecutor with the United States Department of Justice, Attorney McGrath was the lead prosecutor for the government in several major federal cases, including several in New Hampshire. Attorney McGrath is the founding member of the McGrath Law Firm.