Here are seven lawsuits involving ASCs or ASC operators that Becker’s has reported on since Jan. 1:
1. In November, Raynaldo Ortiz, MD, a Dallas-based anesthesiologist, was sentenced to 190 years in prison after being convicted of injecting nerve-blocking agents and other drugs into IV bags at Baylor Scott & White Surgicare North Dallas. Now, the family of a patient who allegedly experienced a near-fatal cardiac event following a routine procedure at the surgery center is suing Baxter International, the manufacturer of the IV bags and the largest producer of IV bags in the U.S.
2. A former employee of United Surgical Partners International filed a class-action lawsuit on May 22, alleging the ASC company violated the Employee Retirement Income Security Act by unlawfully imposing a tobacco surcharge on employees’ health insurance premiums. The plaintiff, Dara Janosky, claims the surcharge discriminates based on health status, fails to comply with federal wellness program requirements under ERISA and is designed to financially benefit USPI rather than improve employee health.
3. Several former patients have filed lawsuits against Parkwest Surgery Center in Knoxville, Tenn., alleging they developed severe and persistent infections following surgical procedures. The patients, who underwent knee surgeries in 2023, claim they were exposed to Mycobacterium fortuitum due to negligent sterilization practices. The suits argue that the center was aware of contamination risks but failed to adequately safeguard its equipment, water sources, and surgical materials.
4. Elaine Bredehoft has filed a medical malpractice suit against Premier Endoscopy Center in Naples, Fla., and physician Dr. Scott Wiesen following a colonoscopy performed in 2023. She alleges Dr. Wiesen perforated her colon and mistakenly removed her ovary and fallopian tube, believing they were polyps. After experiencing intense pain post-procedure, she was transported to NCH North Hospital where emergency surgery revealed a bleeding colon requiring 52 stitches. Ms. Bredehoft later developed a serious infection and discovered that Dr. Wiesen, who has since surrendered his medical license, was reportedly suffering from dementia at the time of the procedure.
5. Patrick Campbell, a former nurse at North Platte Surgery Center in Nebraska, is facing federal charges for the theft of controlled substances, including fentanyl and propofol. In April 2023, Campbell admitted to stealing the medications after staff discovered missing vials. He was subsequently terminated and now faces up to four years in prison and a $250,000 fine if convicted of obtaining drugs through fraudulent means.
6. A federal judge in New York has dismissed a breach-of-contract lawsuit filed by four ambulatory surgery centers — ManalapanSurgery Center, New Horizon Surgical Center, Surgicore of Jersey City, and Surgicore Surgical Center — against the 1199SEIU National Benefit Fund. The ASCs, all out-of-network providers, alleged the fund failed to honor an ad hoc services agreement. The court ruled in favor of the benefit fund, rejecting the claims.
7. Former Portland Timbers goalkeeper Jake Gleeson has been awarded $20.6 million in a lawsuit against orthopedic surgeon Dr. Richard Edelson. The case stems from a 2018 surgery at Oregon Outpatient Surgery Center to treat stress fractures in Gleeson’s legs. According to the lawsuit, Dr. Edelson used a flash-sterilized implant sourced from another facility during the procedure. The improperly sterilized device caused a severe infection, leading to 14 additional surgeries and ultimately ending Gleeson’s professional soccer career.
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