A lawsuit is accusing an Oregon health care system of negligence after more than 2,000 patients were possibly exposed to HIV and hepatitis.
The plaintiffs — known as E.P, K.R., C.R. and D.C. — all of whom live in Clackamas County, Oregon, said they all received anesthesia for surgeries at various medical centers under Providence Health between March 2022 and February 2024, according to the complaint.
All the patients were later informed that the physician who administered anesthesia “failed to adhere to infection control procedures” and, as a result, all had potentially been exposed to hepatitis B, hepatitis C and HIV, the complaint says.
It is unclear which protocols were violated. Providence Health declined ABC News’ request for comment, citing “pending litigation.”
Hospital and health officials announced earlier this month that as many as 2,200 patients were possibly exposed to the infections. Providence said in a statement on July 11 that patients were at low risk of exposure and that those who were exposed would either receive a letter in the mail or a notification on the MyChart portal used by Providence.
Providence Portland Medical Center in Portland, Ore.
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“Out of an abundance of caution, we are encouraging these patients to get a blood test to screen for the aforementioned infections, at no cost,” Providence said in a statement. “If a patient tests positive, Providence will reach out to discuss their test results and next steps. ”
At the time, Oregon Health Authority said in a statement there were no investigations underway but “acknowledge[d] the worry, pain and loss suffered by anyone affected by a health care-associated infection (HAI).”
According to the complaint, the anesthesiologist was employed by Oregon Anesthesiology Group (OAG) but treated patients at various Providence medical centers between 2017 and 2023.
OAG stopped providing services to Providence in November 2023. In June 2024, OAG learned that one of its anesthesiologists had violated infection control practices. The physician was suspended and, following an investigation, terminated, the lawsuit states.
The group did not immediately respond to ABC News’ request for comment.
“The safety of our patients is our top priority. When we learned that the physician had violated infection control practices, we suspended him, informed our partners Legacy Health and Providence, and then began an investigation that resulted in the physician’s termination,” OAG said in a statement earlier this month, according to USA Today. “Even though the risk of infection was low, new protocols and procedures have been put in place to prevent similar incidents in the future.”
The lawsuit states that the patients now have to undergo medical treatment for exposure “which would not have been necessary in the absence of [the d]efendants’ violations alleged herein, and have to live with severe emotional and mental anguish due to [the defendants’] negligence.”
Additionally, the complaint states that hepatitis and HIV are often not detectable for months after initial infections, so the patient “will live with the anxiety, stress, and emotional distress that they may be infected with hepatitis B, hepatitis C and/or HIV.”
The Centers for Disease Control and Prevention states that HIV and Hepatitis C may be detected as early as weeks after exposure.
The plaintiffs are suing for negligence and/or gross negligence on the part of Providence and OAG and have asked for a jury trial. They are seeking class action certification and also asking for an unspecified amount in damages, injunctive relief, declaratory judgments, costs and attorneys’ fees, according to the complaint.
“Over 2,000 patients have now learned they were at risk of having contracted an infectious disease because of the defendants’ alleged failure to implement proper protocols to prevent this possible exposure,” Adam Polk of Girard Sharp, one of the attorneys representing the plaintiffs, said in a statement to ABC News.
“Since shortly after these notifications were sent out, we have been speaking with patients on a daily basis who were impacted by the potential exposure, they are obviously distressed and concerned about their health and the health of their loved ones,” attorney Joe Sauder of Sauder Schelkopf, who is also representing the plaintiffs, told ABC News in a statement.
A recent lawsuit has been filed against a hospital system for potential exposure of thousands of patients to HIV and hepatitis. The lawsuit alleges that the hospital system failed to properly sterilize medical equipment, putting patients at risk of contracting these serious and potentially life-threatening infections.
The lawsuit, filed by a group of patients who received treatment at the hospital system, claims that the hospital system was negligent in its handling of medical equipment, leading to the potential exposure of patients to HIV and hepatitis. The lawsuit also alleges that the hospital system failed to properly train its staff on the importance of sterilization procedures and did not have adequate protocols in place to ensure the safety of patients.
The potential exposure of thousands of patients to HIV and hepatitis is a serious and alarming situation. Both HIV and hepatitis are bloodborne viruses that can be transmitted through contaminated medical equipment, putting patients at risk of developing chronic infections that can lead to serious health complications.
The consequences of potential exposure to HIV and hepatitis can be devastating for patients. HIV is a virus that attacks the immune system, leading to a weakened immune response and an increased risk of developing opportunistic infections and certain types of cancer. Hepatitis is a virus that attacks the liver, leading to inflammation and damage to the liver tissue, which can result in liver failure and other serious complications.
In response to the lawsuit, the hospital system has issued a statement expressing regret for any potential harm caused to patients and stating that they are taking steps to address the situation. The hospital system has also stated that they are conducting a thorough investigation into the allegations and are working closely with public health officials to ensure the safety of their patients.
This lawsuit serves as a reminder of the importance of proper sterilization procedures in healthcare settings. Hospitals and healthcare facilities must adhere to strict guidelines and protocols for sterilizing medical equipment to prevent the spread of infections and ensure the safety of patients. Patients should feel confident that they are receiving safe and effective care when seeking treatment at a healthcare facility.
As the lawsuit against the hospital system moves forward, it is important for patients who may have been affected by potential exposure to HIV and hepatitis to seek medical attention and get tested for these infections. Early detection and treatment are crucial in managing these serious infections and preventing further complications.
Overall, this lawsuit highlights the need for healthcare facilities to prioritize patient safety and adhere to strict protocols for sterilizing medical equipment. Patients deserve to receive care that is safe, effective, and free from the risk of potential exposure to harmful infections like HIV and hepatitis.
