BECKLEY — Two more patients are suing Raleigh Heart Clinic, alleging they were exposed to blood-borne pathogens during routine heart procedures at the clinic.
Dr. Thair Bargouthi and Nahla Bargouthi were also named as defendants in the suit.
Plaintiffs Henrietta Mahan and Betty Sarver had cardiac stress tests done at Raleigh Heart Clinic between March 1, 2012, and March 27, 2015, according to a complaint filed April 13 in Raleigh Circuit Court.
Mahan and Sarver say they were put at increased risk of blood-borne pathogens, including HIV, hepatitis B and hepatitis C, because the clinic breached its duty of care to them and others.
On March 11, 2016, the plaintiffs were notified via letter from the West Virginia Division of Health and Human Resources that they were possibly exposed to the blood-borne pathogens during their stress tests and that they should have their blood tested immediately, according to the suit.
Mahan and Sarver must follow up with periodic blood testing because the blood-borne illnesses can be asymptomatic for several years.
The defendants were negligent and should have known of the dangers that the plaintiffs were exposed to, according to the suit.
Mahan and Sarver seek compensatory and punitive damages. They are represented by attorney David A. Kirkpatrick of Kirkpatrick Law Office in Beckley.
More than 100 lawsuits have been filed against Raleigh Heart Clinic over the last year due to this issue. Those lawsuits name Amanda Taylor from New Law Office as counsel.
Several previous lawsuits alleged that Bargouthi had used the same syringe and vial to administer injections to several patients.
In May 2016 the Raleigh County Commission decided to pay the health department to help with the cost of testing for hepatitis B, hepatitis C and HIV for the former patients of the clinic.
The county commission paid more than $8,000 to the health department and has sought reimbursement from the clinic for the costs.
Raleigh Circuit Court case number: 18-C-205