WESTFIELD (WWLP)– Patients who were potentially exposed to dangerous viruses while under the care of Baystate Noble Hospital are now suing.
Between June 2012 and April 2013, new equipment was being used for colonoscopies at Noble Hospital. Following a recent Department of Public Health inspection, it was discovered that the disinfectant process of the new equipment was not adequate.
In January, 2016, 293 patients who had colonoscopies during that window of time, three years earlier, were sent letters to inform them they had potentially exposed to Hepatitis C, Hepatitis B, and HIV.
It was at that time, the hospital said that the new equipment had a 4-pronged colonoscope, but the disinfectate equipment was 3-pronged. That meant the final solution in the disinfectant process was not getting into the fourth prong.
Baystate Noble President Ronald Bryant said hospital workers had not been properly trained on the last phase of disinfection.
Now, Robert DiTusa, one of the lawyers for 25 of those patients is arguing the issue with the disinfectant process was brought to the attention of leadership back in 2013, but that patients were not informed at that time. Those patients have now filed lawsuits against the hospital.
“It’s interesting because later on, 3 years later, when the Department of Public Health gets involved, it’s determined to be a very serious event, a reportable event on behalf of the hospital and the patients at that point notified,” DiTusa said. “The real question I think that has to be asked is why didn’t the hospital, back in 2013 notify patients that they were potentially exposed to these life altering diseases?”
In a report filed by the hospital’s Director of Clinical Safety and Risk Management with the Department of Public Health, it is stated that this incident was “preventable.” Also in that report, Noble Hospital identified the cause of the potential exposure as, in-part, due to a “failure to properly analyze and identify the risk to patients” back in April 2013.
DiTusa said there are two routes for patients to take in this situation. They can file a claim for negligent infliction of emotional distress against the hospital, particularly if their test results for the potential exposure come back negative. If they test positive for any of the viruses, he said they could file a different kind of a claim.
DiTusa could not speak on his clients’ medical history, therefore can not say if any of his patients have had positive test results.
Baystate’s Noble Hospital is responding to the lawsuit by saying, “To date there is no evidence of any transmission of illness from the endoscopes. The safety and privacy of our patients remains our top priority as we move forward in this process.” They also said, 243 of the 293 patients involved have been tested and that they continue to try and get in touch with the remaining 50 patients potentially exposed.
Baystate Health was not connected to Noble Hospital at the time the potential exposure took place.
