Here are five ASC lawsuits Becker’s has reported on this year:
1. Knoxville, Tenn.-based Parkwest Surgery Center is facing multiple lawsuits from former patients who allege they developed “persistent and aggressive infections” after surgeries due to facility negligence. Several patients, who underwent knee procedures in 2023, claim they were exposed to Mycobacterium fortuitum bacteria. The lawsuits assert the ASC was aware of infection risks but failed to take adequate steps to prevent contamination of products, water and equipment.
2. A patient is suing Naples, Fla.-based Premier Endoscopy Center and physician Scott Wiesen, MD, for medical malpractice following a 2023 colonoscopy. Elaine Bredehoft alleges Dr. Wiesen punctured her colon and mistakenly removed her ovary and fallopian tube, believing them to be polyps. After waking in extreme pain, she waited 30 minutes before being taken by ambulance to NCH North Hospital, where emergency surgery revealed a bleeding colon that required 52 stitches. She later developed a serious infection and learned Dr. Wiesen was reportedly suffering from dementia at the time. He has since surrendered his medical license.
3. Patrick Campbell, a former nurse at North Platte (Neb.) Surgery Center, has been charged with stealing prescription medications, including fentanyl and propofol. In April 2023, he confessed to the thefts and was terminated after missing vials were discovered. He now faces federal charges for acquiring controlled substances by fraud, carrying a potential sentence of four years in prison and a $250,000 fine.
4. A New York federal judge has dismissed a breach-of-contract lawsuit brought by four ASCs — Manalapan Surgery Center, New Horizon Surgical Center, Surgicore of Jersey City and Surgicore Surgical Center — against the 1199SEIU National Benefit Fund. The ASCs, which were out-of-network providers, claimed the fund failed to honor an ad hoc services agreement, but the court ruled against them.
5. A jury has awarded $20.6 million to Jake Gleeson, former goalkeeper for the Portland Timbers, in a lawsuit against orthopedic surgeon Richard Edelson, MD. Mr. Gleeson underwent surgery in 2018 at Oregon Outpatient Surgery Center for stress fractures in both legs. According to the suit, Dr. Edelson used a flash-sterilized implant retrieved from another facility mid-surgery. The improperly sterilized plate led to a serious infection, resulting in 14 additional surgeries and the end of Mr. Gleeson’s professional career.
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