2 Patients Sue Tahlequah's Hastings Hospital After HIV, Hep C Scare

Two patients are suing a Tahlequah hospital after a health scare involving nearly 200 patients. The Cherokee Nation confirmed a "lapse in protocol" at W. W. Hastings Hospital led to patients being tested for HIV and Hepatitis C.

Right now, the class-action lawsuit involves two patients, suing for emotional distress. Their attorney said it's possible more patients could join them in the fight against the hospital.

The lawsuit says the two women suing the hospital "suffered severe emotional distress" after learning they may have been exposed to HIV, Hepititis C, and several other diseases. Each plaintiff is asking for $125,000, represented by attorney Fourth Scoufos out of Sallisaw.

"You can imagine the stress and anxiety that that would cause. And this wasn't a situation where they could go in and just immediately find out whether or not they were infected,” Scoufos said.

One woman named in the suit said she got a call from the hospital saying she may have been exposed and was instructed to get blood screenings at three-month intervals for a period of nine months. The lawsuit claims the other woman reached out to the hospital to ask if she had been exposed, after learning several other patients at Hastings were possibly exposed. The lawsuit says that woman learned she was on "the list" and would need to come in for testing.

"The hospital staff failed to take appropriate action and take it quickly to notify these people,” Scoufos said.

The U.S. Department of Health and Human Services Centers for Medicare and Medicaid Services (CMS) filed a 21-page public report about its investigation back in July of 2018. That report stated the Director of Quality at the hospital confirmed the nurse, "confessed that he used the same needle and syringe on several different patients until the needle was dull...."

The Cherokee Nation confirmed in 2018 the nurse was John Baker, the son of former Chief Bill John Baker. John Baker resigned and apologized to those who were affected.

Related Story: Cherokee Nation Hospital Now In Compliance, Regulators Say 

In a statement released Monday, the Cherokee Nation said the tribe is "reviewing the filing and remains committed to providing quality health care..." The tribe went on to say, "Cherokee Nation Health Services made policy revisions... including additional training and monitoring and reporting procedures.

The tribe said all initial and follow-up testing came back with negative results.

Below is the full statement from the Cherokee Nation:

“The Cherokee Nation is reviewing the filing and remains committed to providing quality health care for our tribal citizens and all our health services patients.

Cherokee Nation Health Services made policy revisions that were met and approved by the Center for Medicare and Medicaid Services in 2018, including additional training and monitoring and reporting procedures.

Cherokee Nation Health Services strives for a culture of transparency and encourages employees to speak up about concerns of patient safety and outcomes.

The Cherokee Nation continues to advance its health system recently opening a new state-of-the-art outpatient health center, constructing a new OSU College of Osteopathic Medicine at Cherokee Nation medical school, adding more specialty services, employing a great workforce and reducing patient wait times.”