The Duke University Health System is experiencing a recurring publicity nightmare.
Bennie Holland of Coats, N.C., filed claims against DUHS July 13, alleging negligence and a cover-up in the wake of a 2004 incident in which DUHS staff mistakenly rinsed surgical tools in elevator hydraulic fluid rather than soap for two months.
Holland, who received back surgery at Duke Health Raleigh in November 2004, was one of approximately 3,800 patients treated with the contaminated tools. He is the first to name DUHS in a lawsuit.
Although numerous patients have complained about their treatment and sought legal action against the elevator repair company that filled the fluid containers and the medical supply company that provided DUHS with the tainted solution, no formal charges had been brought against Duke prior to Holland's suit.
Patients treated at two DUHS hospitals in November and December 2004 were notified of the mix-up Dec. 28, 2004. In January, several news sources reported about 500 affected patients had consulted lawyers.
Initially, Holland did not name DUHS in a March 2005 lawsuit against the other two companies because he was still undergoing treatment at Duke Health Raleigh.
In the amended lawsuit, Holland, who suffered a severe infection after his surgery, alleges the infection was caused by contaminated surgical tools and that DUHS took part in efforts to cover up the incident.
Additionally, the lawsuit claims DUHS did not properly follow up on warnings that surgical instruments were "greasy" and exposed patients to contaminants from the dirty hydraulic fluid and even to blood from prior surgeries.
"The fact that the instruments were used is a premise for damages," said Dan Titsworth, a Cary attorney representing another patient treated with contaminated tools at Duke Health Raleigh. "But obviously, in a case like this, it's going to be difficult to prove the medical negligence."
Duke continues to stand by the results of independent studies and internal investigations that "confirmed that the surgical instruments were fully sterile," DUHS officials said in a statement July 14.
Independent studies of affected patients found no noticeable increase in infections-a small risk in any surgical procedure-between November and December 2004.
Titsworth said his client will likely seek damages of an undisclosed amount to exceed $10,000. Like Holland, his client held off legal action while he was still being treated at DUHS facilities, he added.
James Billings, a Raleigh lawyer representing an affected patient confirmed plans to file claims against all three involved parties "at some close point in the future."
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