Settlement Likely for Victims in Hepatitis Outbreak

Posted by Jeremy Rosenthal | Sep 09, 2016 | 0 Comments

This case involves Trinity Health, a regional healthcare system operating in North Dakota and Montana, and ManorCare, a long-term care organization that was based in Ohio. Neither party is willing to formally accept responsibility for a Hepatitis C outbreak which the Associated Press says is the largest such occurrence in 13 years. Approximately (52) residents of ManorCare's long-term care facilities contracted the virus. There are multiple lawsuits associated with this viral outbreak, as (21) victims began a suit in 2014 for damages against Trinity; meanwhile, Trinity and ManorCare are at odds in a suit also. The victims are seeking compensation for economic harm, personal injury and the wrongful death of three people.

Causes and Symptoms of Hepatitis C 

Hepatitis C is a virus that infects the liver which often goes unnoticed when individuals do not show clear symptoms. A blood test is used in detection of the illness; and the most common symptoms are jaundice, stomach pain and nausea. The virus is spread through bodily fluids such as the blood, and is contracted mostly commonly is one of these three ways:

  • The sharing of needles, most common among drug abusers.
  • Through unprotected sexual intercourse.
  • During birth, the mother can pass the virus on to her child.

Attorneys for Trinity have confirmed that a settlement agreement with the victims is nearly finalized, with terms that currently are undisclosed. The attorney for the victims did acknowledge that a settlement appeared to be well underway, but did not elaborate on details. In the other related suit, Trinity asked a judge to transfer their case with ManorCare to a federal court, which they insist is the venue best suited for handling this matter. ManorCare alleges that a Trinity employee caused this calamity by violating laboratory protocol by reusing needles. State and Federal agency investigators have been unable to confirm the origin of the outbreak thus far. Additionally, ManorCare blames Trinity for furthering the notion that they were responsible for spreading the virus. ManorCare claims that the publicity resulted in devastating financial problems for the organization, leading to an abrupt sale of the company to a Wisconsin-based firm at a price well below the market value.

Coincidentally, the US Food and Drug Administration announced in June 2016 that they have approved the first prescription drug product that treats all forms of Hepatitis C. The product approval was awarded to Gilead Sciences, and it will be marketed under the brand name Epclusa.

Contact a Denver Personal Injury Attorney 

Medical facilities in the US such as hospitals and long-term care providers are trusted to maintain caring and safe environments for those they serve. When mistakes or failures occur in these densely populated institutional settings, the effects are likely to impact many people. Have you or someone you love become a victim resulting from the negligence or carelessness of a medical provider or facility? Attorney Jeremy Rosenthal has over a decade of experience fighting for personal injury victims in Colorado. Contact the office today to personally discuss the details associated with your case.

About the Author

Jeremy Rosenthal

Attorney Jeremy Rosenthal is dedicated to helping his clients seek just compensation for their injuries regardless of the lengths he has to go to or the distances he may have to travel in order to get it.


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