EXETER — A medical staffing agency accused of playing a role in the 2012 hepatitis C outbreak at Exeter Hospital is asking a judge to dismiss part of a lawsuit that would require them to compensate 188 people who tested negative but threatened legal action for the stress they endured.
Exeter Hospital reached settlements with 33 former patients who were infected by the virus, and 188 others who tested negative.
Hospital lawyers later filed a lawsuit against half a dozen staffing agencies that once referred technician, David Kwiatkowski to hospitals for work prior to him coming to Exeter Hospital.
Lawyers for the American Registry of Radiologic Technologists argue the hospital should be forbidden from seeking compensation from them.
Lawyers for ARRT say the payouts the hospital already made to those claiming they endured grueling stress from potential exposure to hepatitis C were not “legally actionable” claims. “These patients sustained non-physical harm in connection with their alleged emotional distress and therefore they cannot state viable claims for negligent infliction of emotional distress,” Mark Darling, a lawyer for ARRT, said in a court motion.
Between 2003 and 2007, Kwiatkowski was fired by or resigned from four Michigan health facilities, according to court records. Three of those four departures allegedly came amid investigations into his unlawful use of controlled drugs.
Exeter Hospital became aware that three former patients tested positive for hepatitis C in 2012. More than 3,000 former patients were tested for the virus.
Kwiatkowski, 34, was sentenced to 39 years in prison after pleading guilty to charges that he infected patients at Exeter Hospital between April 2011 and May 2012 through drug diversion. He spread hepatitis C to unwitting hospital patients by injecting himself with the painkiller fentanyl then allowed the dirty needles to be used by patients.
Exeter Hospital reached settlements with 33 former patients who were infected by the virus, and 188 others who tested negative.
Hospital lawyers later filed a lawsuit against half a dozen staffing agencies that once referred technician, David Kwiatkowski to hospitals for work prior to him coming to Exeter Hospital.
Lawyers for the American Registry of Radiologic Technologists argue the hospital should be forbidden from seeking compensation from them.
Lawyers for ARRT say the payouts the hospital already made to those claiming they endured grueling stress from potential exposure to hepatitis C were not “legally actionable” claims. “These patients sustained non-physical harm in connection with their alleged emotional distress and therefore they cannot state viable claims for negligent infliction of emotional distress,” Mark Darling, a lawyer for ARRT, said in a court motion.
Between 2003 and 2007, Kwiatkowski was fired by or resigned from four Michigan health facilities, according to court records. Three of those four departures allegedly came amid investigations into his unlawful use of controlled drugs.
Exeter Hospital became aware that three former patients tested positive for hepatitis C in 2012. More than 3,000 former patients were tested for the virus.
Kwiatkowski, 34, was sentenced to 39 years in prison after pleading guilty to charges that he infected patients at Exeter Hospital between April 2011 and May 2012 through drug diversion. He spread hepatitis C to unwitting hospital patients by injecting himself with the painkiller fentanyl then allowed the dirty needles to be used by patients.
EXETER
— A medical staffing agency accused of playing a role in the 2012
hepatitis C outbreak at Exeter Hospital is asking a judge to dismiss
part of a lawsuit that would require them to compensate 188 people who
tested negative but threatened legal action for the stress they endured.
Exeter Hospital reached settlements with 33 former patients who were infected by the virus, and 188 others who tested negative.
Hospital lawyers later filed a lawsuit against half a dozen staffing agencies that once referred technician, David Kwiatkowski to hospitals for work prior to him coming to Exeter Hospital.
Lawyers for the American Registry of Radiologic Technologists argue the hospital should be forbidden from seeking compensation from them.
Lawyers for ARRT say the payouts the hospital already made to those claiming they endured grueling stress from potential exposure to hepatitis C were not “legally actionable” claims. “These patients sustained non-physical harm in connection with their alleged emotional distress and therefore they cannot state viable claims for negligent infliction of emotional distress,” Mark Darling, a lawyer for ARRT, said in a court motion.
Between 2003 and 2007, Kwiatkowski was fired by or resigned from four Michigan health facilities, according to court records. Three of those four departures allegedly came amid investigations into his unlawful use of controlled drugs.
Exeter Hospital became aware that three former patients tested positive for hepatitis C in 2012. More than 3,000 former patients were tested for the virus.
Kwiatkowski, 34, was sentenced to 39 years in prison after pleading guilty to charges that he infected patients at Exeter Hospital between April 2011 and May 2012 through drug diversion. He spread hepatitis C to unwitting hospital patients by injecting himself with the painkiller fentanyl then allowed the dirty needles to be used by patients. - See more at: http://www.unionleader.com/article/20160603/NEWS21/160609748#sthash.wjGiBdia.dpuf
Exeter Hospital reached settlements with 33 former patients who were infected by the virus, and 188 others who tested negative.
Hospital lawyers later filed a lawsuit against half a dozen staffing agencies that once referred technician, David Kwiatkowski to hospitals for work prior to him coming to Exeter Hospital.
Lawyers for the American Registry of Radiologic Technologists argue the hospital should be forbidden from seeking compensation from them.
Lawyers for ARRT say the payouts the hospital already made to those claiming they endured grueling stress from potential exposure to hepatitis C were not “legally actionable” claims. “These patients sustained non-physical harm in connection with their alleged emotional distress and therefore they cannot state viable claims for negligent infliction of emotional distress,” Mark Darling, a lawyer for ARRT, said in a court motion.
Between 2003 and 2007, Kwiatkowski was fired by or resigned from four Michigan health facilities, according to court records. Three of those four departures allegedly came amid investigations into his unlawful use of controlled drugs.
Exeter Hospital became aware that three former patients tested positive for hepatitis C in 2012. More than 3,000 former patients were tested for the virus.
Kwiatkowski, 34, was sentenced to 39 years in prison after pleading guilty to charges that he infected patients at Exeter Hospital between April 2011 and May 2012 through drug diversion. He spread hepatitis C to unwitting hospital patients by injecting himself with the painkiller fentanyl then allowed the dirty needles to be used by patients. - See more at: http://www.unionleader.com/article/20160603/NEWS21/160609748#sthash.wjGiBdia.dpuf
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