BECKLEY – A woman has filed a class action lawsuit against Raleigh Heart Clinic due to an increased risk of blood borne pathogens, including HIV, hepatitis B and hepatitis C.
Dr. Thair Bargouthi, Nahla Bargouthi, John Does 1 through 10 and Doe General Hospital were also named as defendants in the suit.
Pamela Vines brought the class action lawsuit on behalf of a class of all similarly situated individuals who had cardiac stress tests at Raleigh Heart Clinic between March 1, 2012, and March 27, 2015, according to a complaint filed March 24 in Raleigh Circuit Court.
Vines claims as a result of her and the class members undergoing surgical procedures at Raleigh Heart Clinic, they were placed at an increased risk of blood borne pathogens including HIV, hepatitis B and hepatitis C and have been and will continue to be tested for these potentially deadly viruses.
On March 11, Vines was notified via letter from the West Virginia Division of Health and Human Resources that she was possibly exposed to a blood borne pathogen during her cardiac stress test and should immediately have her blood tested for HIV and hepatitis B and C, according to the suit.
Vines claims the letter informed her that the three blood borne pathogens may be asymptomatic for years, this requiring her to follow-up and continue blood testing.
The defendants breached their duty by engaging in conduct that exposed her and the class to the increased risk of contracting blood borne pathogens, according to the suit.
Vines claims the defendants were negligent and that there must be medical monitoring to continue to check them for the blood borne pathogens.
Vines is seeking compensatory and punitive damages. She is being represented by Stephen P. New and Amanda J. Taylor of the Law Office of Stephen P. New.
Raleigh Circuit Court case number: 16-C-166