Hospital, doctor sued over possible hepatitis C exposure

<br>NORMAN, Okla. (AP) _ Patients at a pain management clinic were exposed to hepatitis C and other viruses because of negligence and breaches in standards of care at the facility, a lawsuit alleges. <br><br>Attorneys

Wednesday, September 11th 2002, 12:00 am

By: News On 6

NORMAN, Okla. (AP) _ Patients at a pain management clinic were exposed to hepatitis C and other viruses because of negligence and breaches in standards of care at the facility, a lawsuit alleges.

Attorneys for Norman resident Bill Lamb filed the lawsuit in Cleveland County District Court on Tuesday against Norman Regional Hospital; Dr. Jerry Lewis, a pain management specialist, and 10 unnamed individuals.

Hospital and state Health Department officials announced a week ago that six patients were identified as having hepatitis C.

They received intramuscular or intravenous injections for chronic pain control on an outpatient basis at the Pain Management Clinic between mid-March and July. Norman Regional Hospital operates the clinic.

The cases have been linked to the practice of a specific certified registered nurse anesthetist, whose clinical privileges at the hospital have been terminated. The nurse has been reported to the Oklahoma Board of Nursing.

As many as 350 patients treated at the clinic may have been exposed to the virus, the most serious of the hepatitis strains.

``It is unfortunate that the recent health concern being addressed by Norman Regional Hospital has sparked a race to the courthouse on the part of lawyers trying to get cases on file even before the facts are known,'' hospital attorney Glen Huff said in response to the filing.

The hospital is offering free testing for those who may have been exposed in cooperation with the state Health Department, Huff said.

Lamb's attorneys, David Thomas and Jerry L. Breathwit, want a court to certify the case as part of a class action lawsuit on behalf of all those exposed to the virus during the time frame in question.

It asks for damages on behalf of Lamb and other class members to cover mental pain and suffering, physical pain and suffering, expenses, loss of earnings and temporary and permanent disability.

Lamb, 61, said he received a letter dated Sept. 6 outlining the need for one blood examination now and another in three months to test for hepatitis and HIV.

``Although we have no evidence that other types of infections have occurred in this clinic, hepatitis B and HIV testing are also routinely recommended in this type of situation,'' the letter reads.

In a report to the nursing board, the nurse anesthetist is alleged to have ``regularly engaged in the practice of re-using the same needle and syringe'' for at least 15 patients a day at the clinic.

The report, obtained through an Open Records request by The Daily Oklahoman, states that the nurse anesthetist discontinued the practice after he was reported to the hospital's peer review board.

The nurse anesthetist, identified in the Oklahoman's story as James C. Hill, 55, could not be reached for comment on Tuesday.

In the lawsuit, the nurse anesthetist is identified as John Doe 1. John Does 2-10 are unidentified employees who may have provided care to the plaintiffs at the clinic during the time frame in question.

In the nursing board report, Dr. Mike Crutcher, state epidemiologist, stated that before June, 2002, Hill said he regularly engaged in the practice of reusing the same needle and syringe to inject anesthetic medications to as many as 15-25 patients in one day.

The medications were given to calm the patient while a spinal block injection was administered a short time later by Lewis, who was Hill's physician ``sponsor.''

``Mr. Hill subsequently discontinued this practice. Mr. Hill reports that he no longer has a physician sponsor, and therefore is not practicing currently,'' Crutcher stated in the report. ``He is aware of the current investigation and is cooperating fully.''

Lewis has denied any wrongdoing.

``The problem did not originate from the manner in which Dr. Lewis performed any of the procedures,'' according to a statement issued by his office on Monday.