Virus Transmitted Due to Substandard Sterilization Techniques

Case Overview

This case involves transmission of hepatitis C between patients at a medical office. The defendant allegedly failed to undertake proper sterilization techniques, using rusted equipment and re-using needles between patients. The plaintiff in this case underwent genetic testing which reported that the source of the virus was tied to the clinic in question. The defense argued that there is a treatment that can cure the disease over a period of time, however the plaintiff contended that, while the disease may be undetectable, the plaintiff will still suffer from the long-term chronic infection. This case is located in the state of Louisiana.

Questions to the Infectious Disease and Communicable Disease expert and their responses

Please discuss your background working with patients who have Hepatitis C.

I have done research with hepatitis C, basic research on the virus, and the interferon response. I was a co-investigator in a large clinical trial. My role was in the genetic and molecular biology aspects of the treatment.

Please tell us why you’re qualified to serve as an expert reviewer of this case.

I have over 200 publications including one book on virology. There are new drugs on the market that appear to cure hepatitis C infection after a year of treatment. These are very expensive. If the virus is not detectable over a six month period, the patient is considered cured. However, there is always the odd chance that the virus is latent somewhere in the body and can re-occur. I do not believe that one can be 100% certain of a cure. This is probably true of many viruses other than hepatitis C. In the case of patients treated with interferon/ribavirin complex, patients may appear cured, but a small percentage do relapse. I do not think there is sufficient evidence with the newer medications to say there is a 100% cure.

About the expert

This supremely qualified expert has researched and taught molecular biology at a respected Indiana University since 1967. During this time, he has worked in the areas of somatic cell genetics, viral replication, and the effects of interferon on viral replication and the immune system. For the last 40 years, he has received uninterrupted funding from the NIH and grants from the American Cancer Society, the Damon Runyon Foundation, and industrial groups such as InterMune, Amgen, Schering Plough, and Eli Lilly. Most recently, this expert ran one of four ancillary labs selected to participate in a clinical trial funded by NIH to investigate the effects of interferon on hepatitis C patients. There is a fellowship offered to graduate students of virology in his name. He is a fellow of the American Society for Microbiology, an honor reserved for particularly accomplished microbiologists, a fellow of the Indiana Molecular Biology Institute, and a former office holder in the International Society for Interferon and Cytokine Research.

E-009925

Specialties:

Infectious Disease and Communicable Disease