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

CBMC Files a second lawsuit against UPMC Presby, Maxim Staffing Solutions, Inc. and Medical Solutions, LLC for Hepatitis C

Today we filed a second lawsuit on behalf of two plaintiffs against UPMC Presbyterian, Maxim Staffing Solutions, Inc., and Medical Solutions, LLC, for medical negligence in the Court of Common Pleas of Allegheny County.  The plaintiffs in this case, Thomas D. Walters and Clara M. Walters, allege that Thomas was infected with Hepatitis C while he was being treated atHays Medical Center in Hays, Kansas, by a dirty needle used by David Kwiatkowski.

Thomas Walters tested positive for hepatitis C in November 2010 and again in August 2012, at which time he learned for the first time that his hepatitis C "closely related" to the strain of Hepatitis C that David Kwiatkowski has passed to 32 patients in New Hampshire.

David Kwiatkowski, a medical technician who was arrested in New Hampshire in July, worked at Hays Medical Center in Kansas from May to September of 2010.  Kwiatkowski was placed at Hays Medical Center by Medical Solutions, LLC, a staffing agency.  It is believed that Hays exposed thousands of people to Hepatitis C in eight states from 2008 to 2012. 

The suit states that UPMC Presbyterian and Maxim Staffing Solutions, Inc. failed to take proper action when Kwiatkowski was found engaging in illicit behavior that could endanger patients in 2008. Further, it states that Medical Solutions, LLC failed to properly check the background of Kwiatkowski and failed to properly monitor his performance.

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.

Following his departure 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.

Please click here to read a copy of the complaint.

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