VA faces lawsuits over tainted testing
WASHINGTON - Army veteran Juan Rivera reported to the veterans hospital in Miami for a routine colonoscopy in May 2008. Almost a year later, the 55-year-old father of two learned that the Department of Veterans Affairs had not properly sterilized the equipment used for the procedure.
A test soon after revealed that he had been infected with HIV. “The VA has issued me a death sentence,’’ Rivera said, according to his lawyer.
A problem with sterilization practices at a VA center in Tennessee was discovered in December, and the department has notified more than 11,000 veterans who had endoscopic procedures at three of its facilities that they may have been exposed to cross-contamination. The VA has advised them to return for testing.
As of Aug. 3, eight patients have tested positive for HIV, 12 for hepatitis B, and 37 for hepatitis C, according to the VA.
Rivera, who served in the Army for 13 years, filed notice last month of his intent to sue the VA. His claim asserts that his infection was caused by the VA’s failure to clean its equipment and to follow proper procedure.
“He’s angry, stunned, and distraught that the government he served so well for so long has done this to him,’’ said his lawyer, Ira Leesfield.
Lawyers predict that Rivera’s case marks the beginning of a rush of lawsuits against the VA alleging negligence in the handling of medical equipment.
Mike Sheppard, a lawyer in Nashville, said Friday that he is preparing to file claims on behalf of a dozen veterans who have contracted hepatitis, as well as 50 to 60 emotional-distress claims from veterans and family members.
The VA, while promising full care for those infected, has said that no link has been established between the patients’ conditions and the endoscopy procedures.
The agency referred comment to its website, www.va.gov, where it provides updates on patient testing. “VA will continue to notify, inform, and treat all potentially impacted veterans, regardless of risk, cause, or harm,’’ says a posted statement.
The problem was revealed when officials at the VA medical center in Murfreesboro, Tenn., learned that workers were sanitizing endoscopy equipment at the end of the day instead of after each procedure. The manufacturer of the equipment recommends a cleaning after each use.
All VA facilities were subsequently instructed to review their procedures and identify problems. Based on the review, the VA announced that patients who underwent endoscopic procedures in Murfreesboro from April 2003 to December 2008; in Augusta, Ga., from January 2008 to November 2008; and in Miami from May 2004 to March of this year might have been exposed to cross-contamination.
But the problems could extend beyond those locations. In April, the VA’s inspector general sent investigators on unannounced inspections at 42 of the department’s medical facilities. Its report, released in June, concluded that only 43 percent were in compliance.
