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July 16. 2012 10:37PM

Hepatitis C lawsuits continue to mount in Exeter

EXETER — As many as 16 lawsuits have been filed against Exeter Hospital in Rockingham County Superior Court in the wake of a hepatitis C outbreak.

The latest were brought last Thursday by two men from Chester and Newmarket after they were diagnosed with the same strain of hepatitis C that infected one hospital employee and 30 patients who visited the hospital's cardiac catheterization lab and recovery room between Oct. 1, 2010 and May 25, 2012.

Alfred Catalfo III, a Dover attorney representing the Newmarket victim identified as Douglas Barringer, 65, said he has several other clients who have not yet filed suit. Some are people who have been infected, while others tested negative or are being retested for the potentially fatal blood-borne disease that attacks the liver.

“It's difficult because people really don't know if they're ever going to be completely out of the woods,” Catalfo said Monday.

State public health officials have said they believe the outbreak was caused by a hospital worker who abused drugs and may have used syringes that were later reused on patients.

Several rounds of testing have found 12 patients who were diagnosed with a strain of hepatitis C not connected to the hospital outbreak, but Catalfo warns all patients to be cautious.

He said one of his clients who tested positive was told by the state Department of Public Health that the strain wasn't the same that infected victims at the hospital. But when the test result was recently sent to the national Centers for Disease Control and Prevention for confirmation, the CDC determined that the client's strain was identical to the one at the hospital.

Dr. Jose Montero, the state's public health director, said he couldn't comment on the results for a specific patient. However, he said testing for hepatitis C is complicated and added that it's possible for a patient to be infected with several different viral strains.

Catalfo has raised questions about the state testing, saying he feels the state is overwhelmed and that the CDC should take over. The state is sending only its positive tests to the CDC for a second opinion.

“It's really tragic. People are devastated. I think it's fair to say re-test, re-test, re-test, not only if you've been found negative, but also if they've told you that the strain is a different strain than the one found at Exeter Hospital. It's important to make sure that that is confirmed by the CDC,” Catalfo said.

Montero insisted that the state can handle the testing; the problem is getting patients scheduled, he said.

While positive results have been sent to the CDC, Montero said the state is sending some of the state's negative test results as well for quality control purposes. If some negative results were found to be positive for the virus by the CDC, Montero said the state would revisit its testing process.

Meanwhile, in his lawsuit, Barringer, a married machine operator, accuses the hospital of medical negligence and other failures. Another suit was brought last week by Ronal Small, a 64-year-old father of three from Chester.

jschreiber@newstote.com

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