Nearly 100 more lawsuits filed against Raleigh Heart Clinic

By Kyla Asbury | Jan 5, 2018

BECKLEY – Ninety-nine more lawsuits have been filed against Raleigh Heart Clinic after patients tested positive for Hepatitis B or C.

The lawsuits were filed between Nov. 29 and Dec. 21 in Raleigh Circuit Court against Raleigh Heart Clinic, Dr. Thair Barghouthi, Cardinal Health 414 LLC and the West Virginia Department of Health and Human Resources.

The plaintiffs all had cardiac stress tests utilizing Cardinal Health products at Raleigh Heart Clinic and subsequently tested positive for Hepatitis B or Hepatitis C, according to the complaints.

The plaintiffs claim they underwent medical procedures at Raleigh Heart Clinic with Cardinal Health products and were placed at an increased risk of and were infected with blood borne pathogens.

The plaintiffs have tested positive for potential deadly viruses and have had and will continue to have medical treatment, according to the suits.

The plaintiffs claim they were notified via letter from the West Virginia Division of Health and Human Resources in 2016 that they were possibly exposed to blood borne pathogens during a cardiac stress tests and should immediately have their blood tested.

The letter informed the plaintiffs that the blood borne pathogens may be asymptomatic for years, thus requiring them to follow-up and continue blood testing, according to the suits.

The defendants breached their duty by engaging in conduct that exposed them to the increased risk of contracting blood borne pathogens.

The defendants were negligent, and knew or should have known of the dangers the plaintiffs were exposed to, according to the suits.

Amanda Taylor, one of the attorneys for the plaintiffs, said her law office has approximately 115 clients who tested positive for Hepatitis B or C after having stress tests administered at Raleigh Heart Clinic.

“All the lawsuits are similar in that regard,” she said. “They were all filed anonymously, except for the class action lawsuit, which has a named plaintiff.”

Dennis Norman is the plaintiff in the class action lawsuit.

Taylor said the DHHR breached its mandatory duty to inform the public properly.

Cardinal also was negligent in its design, manufacture and distribution of nuclear medicine.

The plaintiffs are seeking compensatory and punitive damages. They are being represented by Taylor and Stephen P. New of The Law Office of Stephen P. New.

The cases are assigned to Circuit Judge H.L. Kirkpatrick III.

Raleigh Circuit Court case number: 17-C-625, 17-C-626, 17-C-627, 17-C-628, 17-C-629, 17-C-630, 17-C-631, 17-C-632, 17-C-633, 17-C-634, 17-C-635, 17-C-636, 17-C-637, 17-C-638, 17-C-639, 17-C-640, 17-C-641, 17-C-642, 17-C-643, 17-C-644, 17-C-645, 17-C-646, 17-C-647, 17-C-648, 17-C-649, 17-C-650, 17-C-651, 17-C-652, 17-C-653, 17-C-654, 17-C-670, 17-C-671, 17-C-672, 17-C-673, 17-C-674, 17-C-675, 17-C-676, 17-C-677, 17-C-678, 17-C-679, 17-C-680, 17-C-681, 17-C-682, 17-C-683, 17-C-684, 17-C-685, 17-C-686, 17-C-687, 17-C-691, 17-C-692, 17-C-693, 17-C-694, 17-C-695, 17-C-696, 17-C-697, 17-C-698, 17-C-699, 17-C-700, 17-C-701, 17-C-702, 17-C-719, 17-C-732, 17-C-733, 17-C-734, 17-C-735, 17-C-736, 17-C-737, 17-C-738, 17-C-739, 17-C-740, 17-C-742, 17-C-743, 17-C-744, 17-C-745, 17-C-746, 17-C-747, 17-C-749, 17-C-750, 17-C-751, 17-C-752, 17-C-753, 17-C-754, 17-C-755, 17-C-756, 17-C-757, 17-C-758, 17-C-760, 17-C-761, 17-C-762, 17-C-763, 17-C-765, 17-C-766, 17-C-767, 17-C-768, 17-C-769, 17-C-770, 17-C-771, 17-C-772, 17-C-773

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