Parker LawWeek
Source: U.S. District Court
By Peter Rossi, LAW WEEK COLORADO
DENVER – When Kristin Diane Parker replaced hospital syringes containing the powerful drug fentanyl with syringes filled with saline while working as a scrub technician at Rose Hospital, she potentially infected hundreds of former patients with hepatitis C. And her former employer could end up paying a costly price for her addiction.
Since the shocking revelations about Parker’s practice of needle swapping while at Rose and other hospitals began surfacing two weeks ago, 11 former patients have tested positive for the incurable liver disease.
Hep C can lead to cirrhosis of the liver and liver cancer and is primarily transmitted through contaminated needles.
One former Rose patient who was potentially exposed, Bernadette Romero, has already filed a lawsuit – though as of press time she had not yet received her test results and doesn’t know if she actually has the disease.
Romero’s attorney, Frank Azar, did not return a call to Law Week, but attorney David Woodruff, of Hillyard, Wahlberg, Kudla & Sloane who specializes in medical malpractice, says patients who have not been infected often do not have that strong of a case.
“If a patient tests negative, (he or) she could theoretically still maintain a claim, but it would be much, much weaker,” Woodruff said.
Woodruff acknowledged the emotional stress patients would have by waiting to learn the results of their hep C test, and said there ultimately might be small damages awarded.
“But those damages are miniscule compared to the damages suffered by those who truly contract hepatitis C and face a lifetime of illness, medical expenses and lost wages due to disability,” he said
Woodruff, who is chairing the medical malpractice program at the upcoming Colorado Trial Lawyer’s Association convention in Steamboat Springs, said his firm has been contacted by several exposed patients. His firm has a responsibility to verify that the patients actually have the disease before filing a claim, he said.
Capped at $1 million in Colorado
Actual damages from individuals infected in cases involving Parker could exceed seven figures, Woodruff said, simply because of how costly the disease is to manage.
One of the best treatments for hep C is ribavirin/interferon combination therapy. The two drugs, working together, can help clear the disease from the blood stream, but it’s not 100 percent effective. In fact, most reports cite between 40 to 60 percent response rates for the therapy, which can cost up to $10,000 for each treatment.
In addition, side effects to the therapies can cause flu-like symptoms, irritability and depression, causing those infected to often miss work when receiving the treatment. Woodruff compared it to chemotherapy.
So, with medical expenses and future lost wages, depending on the person’s age, Woodruff said patients could receive seven figures just for actual damages.
Actual damages are capped at $1 million in Colorado, but that can be exceeded at the judge’s discretion for future medical expenses and lost wages.
“Patients who contract hepatitis C at Rose will be able to recover damages in excess of the $1 million cap as long as they can demonstrate that their damages for future medical expenses and future lost wages will exceed $1 million,” Woodruff predicted. “For patients with significant life expectancy and work life expectancy, this is very likely.”
Must prove fraud and malice
Currently in Colorado, there is also a cap of $300,000 on pain and suffering in cases of medical malpractice cases. If the cases fall within the Healthcare Availability Act, people who were exposed could be eligible for pain and suffering damages. Woodruff says the patients infected would be entitled to the maximum amount of damages.
Punitive damages are available if the facts prove that Rose acted with “fraud, malice or willful and wanton conduct, or with reckless disregard for patient safety.”
Woodruff said it’s too early to tell whether Rose acted in this manner.
Distributed by Colorado Capitol Reporters
