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October 10. 2012 11:39PM
Judge delays discovery in Exeter hepatitis C case
BRENTWOOD — A judge has agreed to delay interviews with Exeter Hospital employees and other evidence gathering until next year in a civil lawsuit brought by a victim of the hepatitis C outbreak.
In an order issued last week, Rockingham County Superior Court Judge Kenneth McHugh halted discovery until at least Jan. 2.The ruling was in response to a motion by the hospital to delay discovery in a lawsuit filed by a former patient identified in court documents as 59-year-old Jane A. Doe.
In court proceedings, discovery is a period of time when depositions can be taken and other documents collected to prepare for trial.
The hospital faces as many as 25 civil suits brought by former patients, some of whom claim they were infected with hepatitis from former medical technician David Kwiatkowski of Exeter.
The 33-year-old Kwiatkowski remains behind bars after he was charged in connection with the hepatitis outbreak that infected 32 former patients.
Federal authorities say Kwiatkowski swiped syringes containing the pain killer fentanyl, injected himself, and then returned the contaminated needles to be used on patients.
In its motion, the hospital asked the court to give it more time to consolidate the mounting suits and possibly negotiate settlements.
Lawyers for the hospital also insisted that additional time was needed because Doe added other defendants to her suit that included Triage Staffing Inc., a Nebraska firm that hired Kwiatkowski and is accused of placing him in Exeter Hospital; the American Registry of Radiologic Technologists; and American Healthcare Services Association, which had a contract with Triage Staffing allowing Kwiatkowski to be placed at the hospital, court documents said.
A structuring conference will be scheduled once all of the defendants have filed an appearance, McHugh's order said.
Doe's Manchester lawyers, Mark Abramson and Jared Green, fought the hospital's motion to delay discovery, but have no plans to challenge the ruling.
“We're disappointed that our clients will have to wait longer to get answers from Exeter Hospital, but we respect Judge McHugh's decision,” Green said.
While the ruling pertains only to Doe's case, Green said he believes a judge would rule the same way if similar motions were filed in the other lawsuits. Green said he and Abramson have “no intention to pursue discovery until January in any of the cases we've filed.”
jschreiber@newstote.com
In an order issued last week, Rockingham County Superior Court Judge Kenneth McHugh halted discovery until at least Jan. 2.The ruling was in response to a motion by the hospital to delay discovery in a lawsuit filed by a former patient identified in court documents as 59-year-old Jane A. Doe.
In court proceedings, discovery is a period of time when depositions can be taken and other documents collected to prepare for trial.
The hospital faces as many as 25 civil suits brought by former patients, some of whom claim they were infected with hepatitis from former medical technician David Kwiatkowski of Exeter.
The 33-year-old Kwiatkowski remains behind bars after he was charged in connection with the hepatitis outbreak that infected 32 former patients.
Federal authorities say Kwiatkowski swiped syringes containing the pain killer fentanyl, injected himself, and then returned the contaminated needles to be used on patients.
In its motion, the hospital asked the court to give it more time to consolidate the mounting suits and possibly negotiate settlements.
Lawyers for the hospital also insisted that additional time was needed because Doe added other defendants to her suit that included Triage Staffing Inc., a Nebraska firm that hired Kwiatkowski and is accused of placing him in Exeter Hospital; the American Registry of Radiologic Technologists; and American Healthcare Services Association, which had a contract with Triage Staffing allowing Kwiatkowski to be placed at the hospital, court documents said.
A structuring conference will be scheduled once all of the defendants have filed an appearance, McHugh's order said.
Doe's Manchester lawyers, Mark Abramson and Jared Green, fought the hospital's motion to delay discovery, but have no plans to challenge the ruling.
“We're disappointed that our clients will have to wait longer to get answers from Exeter Hospital, but we respect Judge McHugh's decision,” Green said.
While the ruling pertains only to Doe's case, Green said he believes a judge would rule the same way if similar motions were filed in the other lawsuits. Green said he and Abramson have “no intention to pursue discovery until January in any of the cases we've filed.”
jschreiber@newstote.com
