Patients sue hospital system after thousands possibly exposed to HIV, hepatitis

(PORTLAND, Ore.) — A lawsuit is accusing an Oregon health care system of negligence after more than 2,000 patients were possibly exposed to HIV and hepatitis.

The plaintiffs — known as E.P, K.R., C.R. and D.C. — all of whom live in Clackamas County, Oregon, said they all received anesthesia for surgeries at various medical centers under Providence Health between March 2022 and February 2024, according to the complaint.

All the patients were later informed that the physician who administered anesthesia “failed to adhere to infection control procedures” and, as a result, all had potentially been exposed to hepatitis B, hepatitis C and HIV, the complaint says.

It is unclear which protocols were violated. Providence Health declined ABC News’ request for comment, citing “pending litigation.”

Hospital and health officials announced earlier this month that as many as 2,200 patients were possibly exposed to the infections. Providence said in a statement on July 11 that patients were at low risk of exposure and that those who were exposed would either receive a letter in the mail or a notification on the MyChart portal used by Providence.

“Out of an abundance of caution, we are encouraging these patients to get a blood test to screen for the aforementioned infections, at no cost,” Providence said in a statement. “If a patient tests positive, Providence will reach out to discuss their test results and next steps. ”

At the time, Oregon Health Authority said in a statement there were no investigations underway but “acknowledge[d] the worry, pain and loss suffered by anyone affected by a health care-associated infection (HAI).”

According to the complaint, the anesthesiologist was employed by Oregon Anesthesiology Group (OAG) but treated patients at various Providence medical centers between 2017 and 2023.

OAG stopped providing services to Providence in November 2023. In June 2024, OAG learned that one of its anesthesiologists had violated infection control practices. The physician was suspended and, following an investigation, terminated, the lawsuit states.

The group did not immediately respond to ABC News’ request for comment.

“The safety of our patients is our top priority. When we learned that the physician had violated infection control practices, we suspended him, informed our partners Legacy Health and Providence, and then began an investigation that resulted in the physician’s termination,” OAG said in a statement earlier this month, according to USA Today. “Even though the risk of infection was low, new protocols and procedures have been put in place to prevent similar incidents in the future.”

The lawsuit states that the patients now have to undergo medical treatment for exposure “which would not have been necessary in the absence of [the d]efendants’ violations alleged herein, and have to live with severe emotional and mental anguish due to [the defendants’] negligence.”

Additionally, the complaint states that hepatitis and HIV are often not detectable for months after initial infections, so the patient “will live with the anxiety, stress, and emotional distress that they may be infected with hepatitis B, hepatitis C and/or HIV.”

The Centers for Disease Control and Prevention states that HIV and Hepatitis C may be detected as early as weeks after exposure.

The plaintiffs are suing for negligence and/or gross negligence on the part of Providence and OAG and have asked for a jury trial. They are seeking class action certification and also asking for an unspecified amount in damages, injunctive relief, declaratory judgments, costs and attorneys’ fees, according to the complaint.

“Over 2,000 patients have now learned they were at risk of having contracted an infectious disease because of the defendants’ alleged failure to implement proper protocols to prevent this possible exposure,” Adam Polk of Girard Sharp, one of the attorneys representing the plaintiffs, said in a statement to ABC News.

“Since shortly after these notifications were sent out, we have been speaking with patients on a daily basis who were impacted by the potential exposure, they are obviously distressed and concerned about their health and the health of their loved ones,” attorney Joe Sauder of Sauder Schelkopf, who is also representing the plaintiffs, told ABC News in a statement.

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