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Woman sues Augusta VA

Patient says she contracted hepatitis C

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In an ongoing saga that began at the Charlie Norwood VA Medical Center, the director of the Miami VA has been temporarily reassigned after it was discovered that 79 patients were not notified of potential problems with improperly cleaned equipment.

Meanwhile, an Augusta VA patient who claims she contracted hepatitis C from an improperly cleaned laryngoscope is suing for $10 million, though the VA denies it was responsible.

The problem began in November 2008, when an Augusta VA patient noticed that a nurse was cleaning an endoscope with a wipe that was not supposed to be used to clean equipment that came in contact with mucus membranes, according to a report from the VA Office of Inspector General. An investigation in Augusta later led to the discovery of problems at VAs in Miami and Tennessee. More than 10,000 patients were notified last year that they might have been exposed and should be tested for diseases.

In the latest chapter, Miami VA Healthcare System Director Mary D. Berrocal has been reassigned while a national panel looks into how 79 colonoscopy patients were not included in that initial notification. Miami used an algorithm to look through patient files to identify those at risk, and apparently there was a "glitch" in that program, said Dr. Robert Jesse, the VA principal deputy undersecretary for health.

However, "the situation is inexcusable," he said.

The Augusta and Tennessee VAs used different methods to track down patients potentially exposed, Jesse said.

While at least 50 infections have been turned up by the testing, he reiterated the VA's position that it is very unlikely they came from the VA's equipment.

"We do not believe that any veterans were actually infected by this process," he said.

Judy Yarzebinski might beg to differ.

She had laryngoscopy to evaluate her for vocal cord paralysis in September 2008 and was later notified by the VA that she might have been exposed, according to her suit. She tested positive for hepatitis C in February 2009, but because she has an ongoing blood disorder she can't be treated for it "and thus will be forced to live with the disease and its effects throughout the remainder of her life," according to the lawsuit. At least five hepatitis C cases turned up among the more than 1,000 Augusta patients potentially exposed.

In an answer filed last week, however, the federal government "denies that the endoscopy equipment was inadequately sterilized" or that the staff was negligent in its care.

Comments (32)

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Junket831
0
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Junket831 07/07/10 - 01:47 am
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0

If it can be determined that

If it can be determined that no other cause may have resulted in this veteran's diagnosis then she deserves just compensation.However, if it can be determined that her habits and lifestyle created a high risk, then compensation should be limited.

the VA actually has a legal mechanism that allows the veteran to be rated service connected for the condition caused by VA care. This would enable her to receive compensation from VA.

Congrats to the Augusta VA staff for apparently following the better path in tracking down those that may have been exposed.

gijoe7898
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Points
gijoe7898 07/07/10 - 01:48 am
0
0

damn. i'll be 50 in Sep and

damn. i'll be 50 in Sep and will be looking to FT Gordon EAMC for a colonoscopy and other 50 year old work. this forces me to rely more on my instincts when listening to doctors. EAMC has been a good place for me and my family since 1994. I pray that they remain at the forefront of medicine for years to come.

BlueFlag
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BlueFlag 07/07/10 - 05:06 am
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JCAHO failed and failed ...

JCAHO failed and failed ...

disssman
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disssman 07/07/10 - 05:52 am
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gijoe. I don't think you

gijoe. I don't think you have anything to worry about at EAMC. They have always provided me with excellent care. I would not go anywhere else.

Trouble
148
Points
Trouble 07/07/10 - 07:39 am
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0

while i agree that if the va

while i agree that if the va caused the woman to have hepatitis c, they should indeed pay a just amount to her, the 10 million dollars that she is suing for is pure greed.

Techfan
516
Points
Techfan 07/07/10 - 08:08 am
0
0

How about a follow up on the

How about a follow up on the private medical practice that did the same thing.

ripjones
0
Points
ripjones 07/07/10 - 08:10 am
0
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BlueFlag - Okay, how do you

BlueFlag - Okay, how do you figure that The Joint Commission "failed" ? I also agree that the $10 million amount is stupid, unless 'Judy' is a Brain Surgeon. The article also states that she already has a "blood disorder", which means she could've had a blood transfusion years ago, before complete screenings were done.

corgimom
43
Points
corgimom 07/07/10 - 08:27 am
0
0

Rip, people have blood

Rip, people have blood disorders all the time that don't require transfusions.

If I got infected with Hep C from a procedure, yes, I'd probably sue for $10 million too.

What's your life and health worth? If you contracted a disease that kills you, what would you think is fair compensation?

Trouble
148
Points
Trouble 07/07/10 - 08:37 am
0
0

corgi, i have not set down

corgi, i have not set down and figured out what my life is worth, but i can assure you that there is no way that it is anywhere near $10 million, (unless i win the lottery).

justus4
4
Points
justus4 07/07/10 - 09:10 am
0
0
edwardc
0
Points
edwardc 07/07/10 - 09:32 am
0
0

Sounds like a

Sounds like a "lack-of-common-sense" and "ain't my problem" attitude on the part of the VA employees. I'd sue for $20 million. There's no excuse for risking the lives of patients because the staff doesn't care. It's not a matter of replacing a lifetime earnings -- it's a matter of punishing someone for a crime.

Flagpalmetto
0
Points
Flagpalmetto 07/07/10 - 09:40 am
0
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review on procedure / lab

review on procedure / lab report showed that she already had blood disorder before screenings . Why does she want the money from our taxpayers..

IsAmericaFree
21
Points
IsAmericaFree 07/07/10 - 09:49 am
0
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I'd sue too! Do you really

I'd sue too! Do you really think I'd risk going back to the VA after that for ANY treatment? She'll need that money to pay for private doctors.

IsAmericaFree
21
Points
IsAmericaFree 07/07/10 - 09:53 am
0
0

Justus is right. It's not

Justus is right. It's not what you know, it's who you know. That kind of environment is detrimental to the patients. It happens everywhere, and unfortunately, we all pay the price in the end.

Flagpalmetto
0
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Flagpalmetto 07/07/10 - 09:53 am
0
0

do our taxpayers support to

do our taxpayers support to pay a woman for nothing or reason ?

Trouble
148
Points
Trouble 07/07/10 - 10:06 am
0
0

if you want to punish someone

if you want to punish someone for their crimes, you fire them and put them in jail, you do not take advantage of the situation and try to make yourself rich........this is a case of pure simple greed

corgimom
43
Points
corgimom 07/07/10 - 10:06 am
0
0

Trouble, I bet your family

Trouble, I bet your family feels differently- especially your children. And a Hep C death is a horrible death.

***********************************
A blood disorder could be something as simple as too much iron in her blood and have nothing to do with Hep C. One has nothing to do with the other.

lsmith
0
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lsmith 07/07/10 - 10:06 am
0
0
Trouble
148
Points
Trouble 07/07/10 - 10:09 am
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corgi, no amount of money can

corgi, no amount of money can compensate for the loss that my children would experience, and trying to put a price tag on that is also what i consider pure and simple greed, i truly hope that should something happen to me, my children will not see dollar signs........

fish2
0
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fish2 07/07/10 - 11:39 am
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Ismith ----could not agree

Ismith ----could not agree with you more. J4 you dont know what you are talking about as usual.

havesomecommonsense
0
Points
havesomecommonsense 07/07/10 - 12:09 pm
0
0

She did not contract

She did not contract Hepatitis C from the laryngoscope. The wipes that were used kill absolutely everything. The reason they were not supposed to be used is that they are so strong, they have the potential to injure the mucosa and has nothing to do with an inability to disinfect. The woman is just greedy.

IsAmericaFree
21
Points
IsAmericaFree 07/07/10 - 12:40 pm
0
0

If it is proved that she did

If it is proved that she did contract HepC from the procedure I have no problem with $10 million.
Time value of money concept: If she wins, she'll likely get paid over a 20 yr period. If they offer the lump sum option, she'll get about $3 million. Of course she'll have taxes to pay so now she's down to $2 million. Medical costs for a person in her condition and lost wages add up very quickly. Figure mortgage, property taxes, car payment, car insurance, and utilities alone average $2000 per month. That's $24,000 per year in minimal expenses. Do the math. The final $2 million will last her about 7 years WITHOUT extra medical costs factored in to the expenses. That $10 million doesn't seem like so much now, does it?

Fiat_Lux
37
Points
Fiat_Lux 07/07/10 - 01:22 pm
0
0

Using the wrong wipes wasn't

Using the wrong wipes wasn't even the main issue with the VA's infection control procedures. Despite protests against doing it, the medical staff were being directed to clean/disinfect colonoscopy equipment in the same room used for cleaning laryngoscopes. Patients were presenting with pulmonary e coli, for heaven's sake. That doesn't happen without something very definite and specific going wrong within the health care setting.

willienelson
0
Points
willienelson 07/07/10 - 01:23 pm
0
0

Typically the care of

Typically the care of equipment used for these types of procedures is over seen by permanent civilian personnel. A simple review of the procedure manual would determine if the equipment should have been cleaned appropriately to avoid any contamination. Since we suspect contamination of certain people we must assume a tech wan derelict in their duties. Based on the number of persons notified, and the number of locations, they must suspect that this was an ongoing problem. Someone should be fired.

willienelson
0
Points
willienelson 07/07/10 - 01:30 pm
0
0

Laryngoscopes should be

Laryngoscopes should be autoclaved for sterilization. Flexible scopes are generally cleaned by wiping with some type of chemical, being sufficiently flushed , then left to soak for some period of time, wiped with alcohol and stored.

SpikeM
0
Points
SpikeM 07/07/10 - 01:37 pm
0
0

Must be a slow day at the

Must be a slow day at the Chronicle to put this non-news on the front page above the folds. Wonder how many civil suits you report on the front page that name University Hospital, Doctors Hospital, Trinity, MCG, Aiken Regional, etc., as the entity doing harm. Oh, I know. VA is a Federally funded medical center, so it must be held to a higher standard. I have news for you; it already is. Do you actually think any of the above facilities would self report such findings? If you do, I have some ocean front property in Arizona I want to sell to you.

fish2
0
Points
fish2 07/07/10 - 02:24 pm
0
0

SpikeM as you know the

SpikeM as you know the Chronical has a hard time getting alot of stories correct in the first place. There is confusing and inaccurate information put out to the public just for the story. All the hospitals you mentioned have revised and rewritten their reprocessing of medical equipment since the breaking news of the VA. If you don't believe me go to these hospitals and see when they were rewritten last. Your right about self reporting of public and private hospitals--in most part it is not going to happen.

apex24
0
Points
apex24 07/07/10 - 09:25 pm
0
0

What you may contact from the

What you may contact from the VA hospital is a blood disorder called Dipthoids. Not sure of the spelling but check it out.

sassygirl8
0
Points
sassygirl8 07/07/10 - 09:44 pm
0
0

yeah sure right. people will

yeah sure right. people will sue for anything these days..

corgimom
43
Points
corgimom 07/07/10 - 10:10 pm
0
0

Trouble, you are worth more

Trouble, you are worth more than $10 million. Just ask your kids.

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