Caroselli, Beachler & Coleman, L.L.C.

Medical Malpractice Lawsuit filed against UPMC, Maxim Staffing Solutions and Medical Solutions, LLC for Failing to Report a Medical Technician Accused of Infecting Patients with Hepatitis C

Today in the Court of Common Pleas of Allegheny County, Kansas residents Linda and William Ficken filed a medical malpractice lawsuit against UPMC Presbyterian, Maxim Staffing Solutions, Inc., and Medical Solutions, LLC, for negligence that lead to Mrs. Ficken's infection with hepatitis C.

Mrs. Ficken, who is represented by William Caroselli and Lynne Johnson, tested positive for hepatitis C in July 2012, two years after she was a patient at Hays Medical Center in Kansas.

According to news reports, "Kwiatkowski was a few weeks into a temporary job at UPMC Presbyterian in Pittsburgh in 2008 when a co-worker accused him of lifting a syringe containing an addictive painkiller from an operating room and sticking it down his pants. More syringes were found in his pockets and locker. A drug test showed he had fentanyl and other opiates in his system." [Associated Press, 8/27/12]

According to the complaint, Kwiatkowski was removed from the job at UPMC; however, UPMC did not report his behavior to law enforcement or any government agency. Maxim Staffing Solutions, the healthcare staffing agency that placed Kwiatkowski at UPMC, also failed to report the conduct.

Kwiatkowski is accused of infecting at least 31 patients at Exeter Hospital in New Hampshire with Hepatitis C by stealing fentanyl syringes and replacing them with dirty ones tainted with his blood. 

After being let go from UPMC, Kwiatkowski worked as a radiology technician at ten hospitals in eight states between 2008 and 2012. The following is the list of hospitals in which he worked during that time:

-- Baltimore Veterans Affairs Medical Center, May 2008 to November 2008;
-- Southern Maryland Hospital, Clinton, Maryland, December 2008 to February 2009;
-- Maryvale Hospital, Phoenix, March to June 2009;
-- Johns Hopkins Hospital, Baltimore, July 2009 to January 2010;
-- Maryland General Hospital, Baltimore, January 2010 to March 2010;
-- Arizona Heart Hospital, Phoenix, March 2010 to April 2010;
-- Temple University Hospital, Philadelphia, April 2010;
-- Hays Medical Center, Hays, Kansas, May 2010 to September 2010;
-- Houston Medical Center, Warner Robins, Georgia, October 2010 to March 2011;
-- Exeter Hospital, Exeter, New Hampshire, April 2011 to July 2012.
[CNN, 7/27/12]

It is believed that thousands of patients may have been exposed to Hepitis C because of the negligent actions of UPMC, Maxim Staffing Solutions and Medical Solutions, LLC.  If you or a loved one may have been exposed please call our office today at 412-567-1232 in Pittsburgh or Western Pennsylvania, 215-792-6153 in Philadelphia or Eastern Pennsylvania or toll free at 866-466-5789. You may also complete our online contact form for a free evaluation of your case. 

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Caroselli, Beachler & Coleman, L.L.C.
20 Stanwix Street, Seventh Floor
Pittsburgh, PA 15222

Toll Free: 866-466-5789
Phone: 412-567-1232
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