The Register-Herald, Beckley, West Virginia

Local News

September 3, 2007

Lawsuit filed against Pinecrest

By Mannix Porterfield

Seven workers claim in a lawsuit they tested positive for tuberculosis after Pinecrest Hospital in Beckley “recklessly” installed a through-the-wall air conditioning system, compromising a critical negative air flow system, The Register-Herald has learned.

Filed by Lewisburg attorney Barry Bruce, the suit comes approximately three years after former Sen. Russ Weeks, R-Raleigh, brought the problem to the public’s attention and demanded an investigation by the Manchin administration of the alleged TB leak and other issues at the hospital.

Bruce identified a custodian, two health service workers, three security guards and an administrative assistant as plaintiffs in the suit, filed in Kanawha Circuit Court. All litigation against the state or its agencies must be filed there.

All plaintiffs remain employed at the hospital, the suit states.

A dozen years ago, Pinecrest hired NQ Environmental, Inc., to install negative pressure units in the HVAC system in the tuberculosis isolation, the hall and dining room in the TB wing to create an airflow to prevent air potentially contaminated from escaping into other parts of the hospital, the lawsuit says.

But in August 2001, the hospital installed its air conditioning units in the TB isolation rooms, compromising the negative pressure and letting contaminated air to reach other sections of the facility, the suit alleges.

Pinecrest was aware such action would expose “numerous” workers, patients and visitors to the disease and was contrary to guidelines used by the Centers for Disease Control, the suit maintains.

Bruce says in his suit the hospital took action in September 2004 to remedy the matter.

“However, there is still a question whether Pinecrest effectively remedied the problem,” the suit states. “Upon information and belief, the tuberculosis unit at Pinecrest is permanently closed.”

The attorney says his clients now carry the disease and are at a higher risk of developing active TB than others.

His suit seeks a judgment for total past and future medical expenses and treatment, past and future monitoring, and various miscellaneous expenses, along with money to cover pain and suffering, and emotional distress.

Bruce is asking for a jury trial.

— E-mail:

mannix@register-herald.com

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