BRILL & RINALDI, The Law Firm, along with two other firms, represented three plaintiffs on behalf of more than 1,800 patients who were potentially exposed to contaminated saline at Broward General Medical Center.
Between 2004 and 2009, registered nurse Qui Lan worked in the hospital’s cardiac stress lab, where she administered tests while reusing supplies intended for single use. According to the case, Lan admitted to reusing IV bags and intravenous tubing with multiple patients.
An anonymous tip in 2009 led the North Broward Hospital District to discover the practice, and the nurse was subsequently terminated. By that time, however, as many as 1,850 patients could have been affected.
More Than 1,800 Patients Potentially Exposed to Hepatitis and HIV
Among the patients represented in the class action were plaintiffs Russell Loland, Betty Westbrook, and Andrew Frank. Like other members of the class, they underwent testing after learning that the reuse of medical supplies may have exposed them to serious infectious diseases, including Hepatitis B, Hepatitis C, and human immunodeficiency virus (HIV).
The case also raised questions about how the practice was able to continue for years without being detected.
Throughout the period from 2004 to 2009, lab managers and hospital pharmacists responsible for distributing sanitary saline bags failed to question the nurse’s practices. Hospital protocols also should have alerted quality assurance personnel that Lan was using substantially fewer supplies than would have been expected for the number of patients she was treating.
After discovering Lan’s actions in October 2009, Broward General Medical Center mailed letters to the potentially exposed patients recommending that they and their family members undergo testing for HIV and hepatitis.
Although the patients ultimately tested negative for the infectious diseases, they endured the fear and uncertainty of potentially having been exposed to life-threatening illnesses.
$14 Million Class Action Settlement
BRILL & RINALDI, The Law Firm and co-counsel pursued the class action on behalf of the affected patients, seeking compensation for the emotional and economic damages associated with the exposure and subsequent testing.
The class action ultimately resulted in a $14 million settlement, providing approximately $5,000 to $10,000 per class member. The settlement addressed damages suffered by the approximately 1,850 affected patients and their family members.
The case demonstrated the significant consequences that can arise when established medical safety protocols are not followed and the power of class action litigation to seek accountability on behalf of a large group of people harmed by the same conduct.