On Dec. 2, 2013, David Kwiatkowski, MD, was sentenced to 39 years in prison for infecting 47 patients with hepatitis C, including 33 patients at Exeter. The outbreak led to 33 civil suits filed against Exeter and various staffing agencies that placed Dr. Kwiatkowski.
According to court documents, Exeter also reached settlements with 188 patients who tested negative for hepatitis C but claimed reparations for the “diverse physical and emotional injuries” associated with waiting for their results.
Exeter has subsequently filed suit against the physician responsible, the American Registry of Radiologic Technologists and Triage Staffing, requesting compensation for those settlements paid to hepatitis C negative patients.
Exeter Hospital has argued ARRT in particular was negligent in failing to investigate a 2010 complaint against Dr. Kwiatkowski that he abused fentanyl while working at Arizona Heart Hospital in Phoenix.
Triage Staffing and ARRT argue Exeter’s payments to negative patients were voluntary and any liability claims against the two firms are therefore waived.
The trial is slated for Oct. 23, 2017.
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