Five-Judge Panel Denies Class Action for Insulin-Injected Patients

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Helen Jones
Executive Vice President 

In January, 2013, Olean General Hospital located in Western New York notified 1,915 patients that they were at a very low risk of having been exposed to blood-borne infections due to improper use of insulin pens on more than one patient. These patients faced possible exposure during visits to the hospital between late 2009 to early 2013. Several patients attempted to bring a class action lawsuit against the hospital, however a five-judge panel rejected the motion because none of the patients have actually developed any blood-borne illness, such as hepatitis or HIV. The judges stated that if a patient did prove they had developed such an illness, each case would be evaluated at the individual level and would therefore render the case invalid for inclusion in a class action.

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