BECKLEY – Another lawsuit has been filed against Raleigh Heart Clinic due to an increased risk of blood-borne pathogens exposure.

Dr. Thair Barghouthi was also named as a defendant in the suit.

Cathy L. Mills was a patient on Sept. 24, 2014, according to a complaint filed May 20 in Raleigh Circuit Court.

Mills claims she underwent a stress test and received an injection from clinic personnel.

During the course of routine testing, the defendants negligently, recklessly, knowingly, carelessly, wrongfully and/or intentionally allowed, caused and/or otherwise permitted the use of blood-borne pathogens and other contamination in the needles used for such testing, which exposed Mills and other class members to blood-borne pathogens and contaminants, according to the suit.

Mills claims she received a letter from the West Virginia Department of Health and Human Resources issued a letter informing patients who had testing done between March 1, 2012, and March 27, 2015, they were potentially exposed to HIV, Hepatitis B and Hepatitis C and were instructed to be tested for these diseases.

There were more than 2,300 patients at the clinic between those dates that were sent the warning by the WVDHHR, according to the suit.

Mills claims the blood-borne pathogens and other contamination have possibly and/or have made and/or continue to make her and other class members incur out-of-pocket expenses for the cost of healthcare testing, healthcare treatment and future treatment,

The clinic was negligent and breached its duty of care by negligently operating and managing its facility and conducting other operations and activities in such a manner as to negligently cause, permit and allow the use of blood-borne pathogens and other contaminations, according to the suit.

Mills claims there must be medical monitoring to continue to check her and the class members for the blood-borne pathogens.

Mills is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Kathy A. Brown of Kathy Brown Law and Timothy D. Houston of Houston Law.

At least two previous lawsuits have been filed regarding the exposure risk.

Raleigh Circuit Court case number: 16-C-324

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Organizations in this Story

Raleigh Circuit Court
222 Main Street
Beckley, WV 25801

West Virginia Department of Health and Human Resources
1 Davis Square Suite 100
East Charleston, West VA 25301

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