BECKLEY – More than 100 of the recent lawsuits filed against Raleigh Heart Clinic have been removed to federal court.
A total of 122 lawsuits removed. The notices of removal were filed between Jan. 29 and Jan. 31 by Cardinal Health 414 LLC in U.S. District Court for the Southern District of West Virginia Beckley Division.
Venue is proper in this district because the plaintiffs filed their complaints in Raleigh Circuit Court, which is located within the U.S. District Court for the Southern District of West Virginia, according to the notices. Under the Class Action Fairness Act, removal is proper, according to the notices.
The 122 complaints removed are part of a mass action for CAFA purposes because more than 100 individual plaintiffs’ monetary relief claims are proposed to be tried jointly, the notices state.
Cardinal claims the amount in controversy exceeds $5 million, which means the suits should be removed to federal court.
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.
The plaintiffs are seeking compensatory and punitive damages. They are being represented by Amanda Taylor and Stephen P. New of The Law Office of Stephen P. New.
Cardinal is being represented by Marc E. Williams and Christopher D. Smith of Nelson Mullins Riley & Scarborough.