West Virginia Record

Thursday, December 12, 2019

Class action lawsuit filed against Raleigh Heart Clinic for bloodborne illness

By From staff reports | Oct 20, 2017

Medical malpractice 04

BECKLEY – A class action lawsuit has been filed against Raleigh Heart Clinic after the class members claim they were exposed and contracted bloodborne illnesses from the clinic.

Dr. Thair Barghouthi; John Does 1 through 10; Doe General Hospital; Cardinal Health 100 Inc.; and Cardinal Health were also named as defendants in the suit.

The class action was brought by Dennis Norman, on behalf of a class of all similarly situated individuals who had cardiac stress tests utilizing Cardinal Health products at Raleigh Heart Clinic between March 1, 2012, and March 27, 2015, and subsequently tested positive for Hepatitis B, Hepatitis C and/or HIV, according to a complaint filed in 2016 in Raleigh Circuit Court and removed to federal court on Sept. 27. A third amended complaint, which is the operative complaint in this action, was filed Aug. 25.

Normal claims he and class members underwent medical procedures at Raleigh Heart Clinic with Cardinal Health products and were placed at an increased risk of and were infected with bloodborne pathogens.

The class members have tested positive for these potential deadly viruses and have had and will continue to have medical treatment, according to the suit.

Norman claims on March 11, 2016, he and other class members were notified via letter from the West Virginia Division of Health and Human Resources that they were possibly exposed to a bloodborne pathogen during a cardiac stress test and should immediately have their blood tested for HIV and Hepatitis B and C.

The letter informed Norman that the three bloodborne pathogens may be asymptomatic for years, thus requiring him and class members to follow-up and continue blood testing, according to the suit.

Norman claims the defendants breached their duty by engaging in conduct that exposed him and the class to the increased risk of contracting blood borne pathogens.

The defendants were negligent, and knew or should have known of the dangers the class members were exposed to, according to the suit.

Norman is seeking compensatory and punitive damages. He is being represented by Stephen P. New and Amanda J. Taylor of The Law Office of Stephen P. New.

The Cardinal Health defendants are represented by Marc E. Williams of Nelson Mullins Riley & Scarborough; and Cheryl A. Falvey, Stephanie L. Crawford and Josh Foust of Crowell & Moring.

U.S. District Court for the Southern District of West Virginia case number: 5:17-cv-04048

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Organizations in this Story

Stephen P. New, Attorney at LawU.S. District Court for the Southern District of West Virginia Beckley DivisionNelson Mullins Riley & ScarboroughCrowell & Moring LLP