Veteran Files $30 Million Medical Malpractice Case.

A veteran filed a $30 million medical malpractice lawsuit charging that an improper colonoscopy at a hospital gave him life-threatening hepatitis C. More than 11,000 veterans received colonoscopies with improperly cleaned equipment in three separate hospitals.Of the veterans who had the procedure at the three facilities, five have tested positive for HIV, 25 for hepatitis C and eight for hepatitis B.The plaintiff, a 69,year old veteran says he got a colonoscopy at the hospital and two years later was told he has hepatitis C.As an experienced trial attorneyI have reviewed many cases of medical malpractice and have completed same with favorable results The plaintiff’s medical malpractice suit asks for $20 million for him and $10 million for his wife for loss of consortium. Court documents he filed in the case acknowledge the hospital breached a duty of reasonable care with the victims by using improperly cleaned equipment, but deny the equipment caused the health problems.
In another colonoscopy case settled out of court the plaintiff’s lawyer says they tracked down his client’s ex-girlfriend from 10 years earlier to see if she rather than the equipment might have been the source of his HIV.
The lawsuits were filed after an investigation revealed more than 11,000 colonoscopies were done at three hospitals using equipment that had been rinsed after each patient rather than being sterilized by steam and chemicals as called for by the manufacturer. Investigators who took apart water tubes on some of the equipment that was supposed to be clean and ready for use instead found discolored liquid and debris.
The subsequent report said the colonoscopies were done in an environment with inadequate training, lack of supervision and inadequate communication.
In the case settled out of court,a U.S. Army veteran sued for medical malpractice when he became HIV positive after a colonoscopy at the hospital.The victim had asked for $20 million.
Court papers filed argue that the chances that the veteran contracted hepatitis C from the equipment are no more than two in one trillion. Hepatitis C can’t survive outside a human host for more than four days and substantially more than four days had passed between any previous patient with Hepatitis C who had a colonoscopy and the one performed on the victim.
The defendants downplays the seriousness of the illness, asserting that the victim more likely than not will be completely cured of this infection and the plaintiff’s current disease state is minimal, and liver function is normal. Experts agree that the medications becoming available will cure plaintiff of all symptoms.The victim responds that he has fatigue, dry skin, insomnia, hot flashes. He has virus-like symptoms and he worries he may need a liver transplant or get cancer.
The case is based on the assertion that the plaintiff had a blood test prior to his colonoscopy with no sign of hepatitis C. He was notified two years after his colonoscopy at the hospital that he needed to come for testing because the endoscope used in the procedure may have been contaminated and month later he was told he was positive for hepatitis C.

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