WESTFIELD (WWLP) – More than two dozen patients of Baystate Noble Hospital have filed a lawsuit, after they found out that they were put at potential risk of exposure to hepatitis B, hepatitis C, and HIV. A total of 293 patients had been told by the hospital that inadequate disinfectant measures were used at the time they had colonoscopy procedures there- between June 2012 and April 2013. Twenty-five of those patients are part of this lawsuit.
The possible exposures took place more than two years before Baystate Health took over Noble Hospital. That happened in July 2015. Westfield News media partner 22News wanted to find out whether that means Baystate Health assumes responsibility for the case.
They got in touch with Attorney Justin Dion, chair of Bay Path University’s legal studies department. Dion, who does not represent either side of the case, explained that when one company buys another, there are two ways to do it. One is an asset sale. That typically doesn’t come with debts or liability. The other, which Dion says is more typical for large companies- is a stock sale.
“So that would be their furniture, their equipment, contracts, and also liability- both known and unknown. So if you purchase a company doing a stock sale, you get the good, but you get the bad that can come with it as well,” Dion said.
22News was back and forth on the phone and through email throughout the day with Ben Craft, the public relations manager for Baystate Health. He said that with any legal situation, they don’t comment on pending litigation.
In a statement released to 22News Baystate Noble Hospital did say: “We have completed testing for 243 of the 293 patients who were affected.” And that they continue to follow up to connect with patients who have not responded to their notifications about the issue.
