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July 23. 2012 10:11PM
Hepatitis patient sues staffing company
EXETER — As the investigation into a hepatitis C outbreak at Exeter Hospital expands to more states, a Seabrook man is taking legal action against the staffing company that hired David Kwiatkowski as a traveling medical technician — a job that eventually brought him to Exeter in March 2011.
Boston malpractice attorney and former cardiac surgeon Domenic Paolini filed suit Sunday against Triage Staffing Inc., a Nebraska company accused in the suit of hiring Kwiatkowski — called a “serial infector” by authorities — and placing him in hospitals around the country, including Exeter Hospital.
The suit brought in federal court was filed on behalf of Robert Fowler, who underwent cardiac catheterization at Exeter Hospital in April 2011 and contracted hepatitis C.
“Triage failed to exercise reasonable care when it hired Mr. Kwiatkowski in view of all of the circumstances surrounding the job,” the suit said.
Kwiatkowski, 32, who first came to the hospital as a traveling technician but was hired full-time in October 2011, was charged last week in connection with the outbreak. He was working in the cardiac catheterization lab when he allegedly used syringes containing the powerful drug Fentanyl to shoot up and then left dirty syringes behind that authorities say were later used on patients.
Hepatitis C was transmitted to at least 30 former Exeter patients, authorities said, but other victims could be found as an intense federal investigation now spans eight states where he worked at different hospitals.
Fowler’s suit accuses Triage Staffing of negligence in its hiring, retention and supervision of Kwiatkowski and accuses the company of “intentional misrepresentations concerning Mr. Kwiatkowski’s qualifications and employment record.”
Triage Staffing could not be reached for comment Monday.
Meanwhile, health officials in Arizona, Georgia, Kansas, Maryland, Michigan, New York, and Texas are also investigating Kwiatkowski after he worked at hospitals in those states in recent years.
Kansas officials said they’re in the process of contacting approximately 460 former patients after Kwiatkowski worked as a contract radiology technician at Hays Medical Center in Hays, Kansas, in 2010.
“As medical professionals and members of the Hays community, we are deeply concerned by the alleged criminal conduct of this individual in New Hampshire,” Dr. John Jeter, Hays Medical Center CEO and president, said in a statement.
Like other states, New York state health officials put out a warning to all of its hospitals and non-hospital radiology facilities to ask them to check their employment records for Kwiatkowski after St. Francis Hospital in Poughkeepsie discovered he worked there as a cardiac catheterization lab technician for 12 weeks from November 2007 to February 2008.
Kwiatkowski also has an unrelated criminal charge that will likely be placed on the back burner as federal prosecutors move forward with the multi-state hepatitis probe.
Kwiatkowski was charged after he allegedly struck a car on Water Street in Exeter on April 20 and failed to stop, police prosecutor Jacqueline Docko said.
He failed to appear at his arraignment on July 11 and a warrant was issued for his arrest.
jschreiber@newstote.com
Boston malpractice attorney and former cardiac surgeon Domenic Paolini filed suit Sunday against Triage Staffing Inc., a Nebraska company accused in the suit of hiring Kwiatkowski — called a “serial infector” by authorities — and placing him in hospitals around the country, including Exeter Hospital.
The suit brought in federal court was filed on behalf of Robert Fowler, who underwent cardiac catheterization at Exeter Hospital in April 2011 and contracted hepatitis C.
“Triage failed to exercise reasonable care when it hired Mr. Kwiatkowski in view of all of the circumstances surrounding the job,” the suit said.
Kwiatkowski, 32, who first came to the hospital as a traveling technician but was hired full-time in October 2011, was charged last week in connection with the outbreak. He was working in the cardiac catheterization lab when he allegedly used syringes containing the powerful drug Fentanyl to shoot up and then left dirty syringes behind that authorities say were later used on patients.
Hepatitis C was transmitted to at least 30 former Exeter patients, authorities said, but other victims could be found as an intense federal investigation now spans eight states where he worked at different hospitals.
Fowler’s suit accuses Triage Staffing of negligence in its hiring, retention and supervision of Kwiatkowski and accuses the company of “intentional misrepresentations concerning Mr. Kwiatkowski’s qualifications and employment record.”
Triage Staffing could not be reached for comment Monday.
Meanwhile, health officials in Arizona, Georgia, Kansas, Maryland, Michigan, New York, and Texas are also investigating Kwiatkowski after he worked at hospitals in those states in recent years.
Kansas officials said they’re in the process of contacting approximately 460 former patients after Kwiatkowski worked as a contract radiology technician at Hays Medical Center in Hays, Kansas, in 2010.
“As medical professionals and members of the Hays community, we are deeply concerned by the alleged criminal conduct of this individual in New Hampshire,” Dr. John Jeter, Hays Medical Center CEO and president, said in a statement.
Like other states, New York state health officials put out a warning to all of its hospitals and non-hospital radiology facilities to ask them to check their employment records for Kwiatkowski after St. Francis Hospital in Poughkeepsie discovered he worked there as a cardiac catheterization lab technician for 12 weeks from November 2007 to February 2008.
Kwiatkowski also has an unrelated criminal charge that will likely be placed on the back burner as federal prosecutors move forward with the multi-state hepatitis probe.
Kwiatkowski was charged after he allegedly struck a car on Water Street in Exeter on April 20 and failed to stop, police prosecutor Jacqueline Docko said.
He failed to appear at his arraignment on July 11 and a warrant was issued for his arrest.
jschreiber@newstote.com
