This needs to be looked into. Our veterans were wrongly treated by this VA and by the court. Just because prior infections are not in the medical literature does not mean that this cannot happen. It is common sense that blood-borne pathogens can and do transmit from human to human via needles. Why on Earth would insulin pens (which are needles) be exempt? This judge's ruling is making my head spin. This is beyond sick. We absolutely must save our veterans from this kind of insane and twisted mistreatment. WTF is going on?!?
• September 28, 2018
VA Exonerated In Two Negligence Lawsuits
"BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that U.S. District Judge Elizabeth A. Wolford dismissed a negligence lawsuit seeking damages brought by plaintiff Lenray Harris against the Department of Veterans Affairs Medical Center (VA) in Buffalo. The plaintiff claimed that she suffered emotional injuries following the VA’s disclosure that several of its nurses improperly administered insulin pens during the time period that Harris received treatment at the VA following knee replacement surgery. The plaintiff was given insulin for her diabetes and claimed that she feared that she had contracted a blood borne disease.
In her decision, Judge Wolford stated, “[p]laintiff cannot support a claim for negligent infliction of emotional distress.”
In a similar ruling, U.S. Magistrate Judge Hugh B. Scott recommended dismissal of a negligence lawsuit filed by plaintiff Archie Maxwell who claimed that the VA reused insulin pens and exposed Maxwell to HIV or Hepatitis B or C. The plaintiff was treated for diabetes while an inpatient at the VA from December 29, 2011, to January 9, 2012, and from August 9, 2012, to August 14, 2012. Maxwell alleged that in February 2013, he tested positive for Hepatitis B.
In his decision, Magistrate Judge Scott stated, “There is no record of any patient, including plaintiff, being infected from use of the insulin pens, thus plaintiff fails to prove actual exposure to HIV or Hepatitis C.”
From 2012 to 2013, the Veterans Affairs Office of Inspector General (OIG), Office of Healthcare Inspections, investigated the use of insulin pens at the Buffalo VA. The OIG found no documented cases of transmitting blood borne pathogens related to the use of an insulin pen on multiple patients."
https://www.justice.gov/usao-wdny/pr/va-exonerated-two-negligence-lawsuits
• September 28, 2018
Two negligence suits against Buffalo VA dismissed
https://buffalonews.com/2018/09/28/two-negligence-suits-against-buffalo-va-dismissed/
• Original story from 2013:
"Spokesman Review (Spokane, WA)
BUFFALO, N.Y. — The Veterans Administration has told western New York members of Congress that more than 700 patients at the Buffalo VA Medical Center may have been exposed to HIV, hepatitis B or hepatitis C because of accidental reuse of insulin pens, according to a published report.
Authorities told the Buffalo News, which first published the report on its website Friday, there is a "very small risk" for the diabetic patients who may have been exposed to the reused insulin pens between Oct. 19, 2010 and November 2012.
The VA memo obtained by the News said the problem was discovered by a routine pharmacy inspection last Nov. 1.
In a statement to the Associated Press, Evangeline Conley, a VA spokeswoman, said the hospital "recently discovered that in some cases, insulin pens were not labeled for individual patients." She added that "although the pen needles were always changed, an insulin pen may have been used on more than one patient."
Conley said that once this was discovered the hospital took "immediate action" to ensure the insulin pens were being used according to pharmaceutical guidelines.
Insulin pens used by diabetics to inject insulin can be disposable or reusable with replaceable needles and cartridges. But according to the Institute for Safe Medication Practices, even reusable pens should not be used on more than one patient.
The VA said it is offering free blood tests to rule out any infections."
https://www.military1.com/all/article/282650-va-memo-warns-of-hiv-exposure/