Used Hydraulic oil analysis to boom in North Carolina

Status
Not open for further replies.

vin

Joined
May 25, 2005
Messages
7
Location
NY
Patient's Attorney Files Subpoena Against Duke Health System

POSTED: 11:56 am EDT June 22, 2005

RALEIGH, N.C. -- The fight over surgical tools mistakenly washed in used hydraulic fluid is moving from a hospital setting to a courtroom setting.


Nearly 4,000 patients were mistakenly operated on last fall using tainted medical instruments like these.


A law firm representing an affected patient has filed a subpoena asking Duke University Health System to provide the test results on the chemical make-up of the substance.


--------------------------------------------------------------------------------
Read The Subpoena And Legal Responses
Read Letter Sent To Patients

--------------------------------------------------------------------------------


Attorney David Stradley said he repeatedly asked Duke Health for a sample of the hydraulic fluid in question. Stradley told WRAL Wednesday morning that he made the request back in February soon after word of the mistake surfaced.

The subpoena also asks for independent tests on the hydraulic fluid that nearly 4,000 patients may have been exposed to during surgeries in November and December at two Duke-affiliated hospitals.

Duke Health has filed its own legal paperwork asking that if the order is granted some information remain confidential.

The confidentiality issue is two-fold. Duke Health's attorneys point to the attorney-client privilege, as well as rights to the maker of the hydraulic fluid, saying for competitive reasons the company may not want the contents of the fluid to be known.

Because the hydraulic fluid was used from an elevator, it is not enough to know what was in the product itself. Experts said the sample could contain other substances.

Duke Health said it expects the results of a chemical analysis in a few weeks.

A hearing is scheduled for Monday in court
 
OK, have any of the patients suffered from baterial infections or other health related problems that can be attributed to the hydraulic fluid being used?

Even if the instruments were accidently bathed in Hyd fluid, if they were autoclaved, then no bacteria should remain.

The majority of hydraulic fluid is pure mineral or synthetic fluid anyway.

So what's the beef? Another class action suit for lawyers to get rich?

quote:

Among the 4,000 patients was Shelley Bassett, who underwent a lumpectomy at the Raleigh hospital. Her husband, Kelley, said his wife soon developed gastrointestinal symptoms and lost 38 pounds.

Hmmm! Where was the lump that was removed? A direct cause and effect relation would have to proved here.
 
In addition, why would the manf. of the hydrualic fluid have liability in this case?

I'm no legal eagle, but it seems the liability rests with the Elevator maintenance and/or hospital.

If I were the hydraulic fluid supplier, I would fight to keep my formulation proprietary as well.
 
Status
Not open for further replies.
Back
Top