Only fraction of patients have been notified of possible HIV at NJ surgery center

WOODLAND PARK, N.J. – None of the patients who may have been exposed to HIV or hepatitis as a result of infection-control problems at a New Jersey surgery center have tested positive so far, the surgery center said Friday.

But the center – HealthPlus Surgery Center in Saddle Brook – has succeeded in contacting only one-third of the patients at risk, its officials said. And the test results for fewer than 10 percent of the affected patients are known.

“We are developing a program to call and otherwise contact all patients” in a way that protects their privacy, the center said in a statement released by Ron Simoncini, a spokesman.

The center was shut down by state Health Department officials for three weeks in September after an inspection revealed problems with the sterilization of surgical instruments, rusty tools, and poor hand-washing and management of anesthesia medications.

As part of its correction plan, the center was required to notify patients who had received injections or undergone surgery at the facility between Jan. 1 and Sept. 7 last year that they may have been exposed to HIV, hepatitis B or hepatitis C.

More: Do they have HIV? Unsanitary surgery center's patients left waiting for results

Juan Arenas of Jersey City, accompanied by his wife, Blanca, is part of the first class-action lawsuit filed against HealthPlus by attorney Michael Maggiano. Juan had shoulder surgery at HealthPlus in Saddle Brook and was notified that he may have been exposed to blood-borne pathogens, including HIV and hepatitis. The Arenases spoke with the media during a press conference at Maggiano's law offices on Wednesday, January 2, 2019.

HealthPlus sent certified letters to 3,778 patients starting in late December.

On Friday, HealthPlus said more than 2,262 letters “are awaiting retrieval from the post office or delivery.” More than 1,360 were "accepted by the addressee and 156 have been returned,” the HealthPlus statement said, probably due to a change of address or incorrect information on the medical records.

In addition, two patients who were treated at the center during the critical time period have not received notification and have retained an attorney.

Paul Said, 40, of Fairview received epidural injections at the center in April and June.

“I never received a letter from the facility,” he said in an interview Friday. “I double-checked to make sure that was the actual facility and the dates,” and discovered that he was one of the at-risk patients. He scheduled a blood test for Monday through his personal physician, he said, because he “did not feel comfortable” doing it through HealthPlus.

Cristal Irons, 50 of Newark is part of the first class-action lawsuit filed against HealthPlus by attorney Michael Maggiano. Irons had shoulder surgery at HealthPlus in Saddle Brook and was notified that she may have been exposed to blood-borne pathogens, including HIV and hepatitis. Irons spoke with the media during a press conference at Maggiano's law offices on Wednesday, January 2, 2019.

Gisela Santana, 65, of Queens said she had arthroscopic shoulder surgery at HealthPlus in June but also did not receive notification of the need to be tested. When she saw a report on Telemundo about the center, she said, she checked her medical records and became concerned. Her blood test was performed Thursday, but results were not available Friday.

“There obviously are more than 3,778 victims,” said Sanford Rubenstein, a Brooklyn attorney who represents Said and Santana. He urged patients who were seen at HealthPlus during the relevant period to consult their personal physicians and get their blood tested.

HealthPlus was responsible for identifying the patients to be notified based on its records, a Health Department spokeswoman said.

The state Health Department “is aware there have been some issues where patients may not have received their notification letter,” said Donna Leusner, a spokeswoman. “HealthPlus maintains the patient address database, so they will have to address this issue further.”

So far, test results have been received for 344 patients – fewer than 10 percent of patients that the center said may have been exposed to the blood-borne diseases, HealthPlus officials said. Of those patients, “no positive results (are) known to be associated with HealthPlus at this point,” the statement said.

Attorney Michael Maggiano, who filed the first class-action lawsuit against HealthPlus, held a press conference with his clients Mahogany Clifton of Paterson, Cristal Irons of Newark, and Juan Arenas of Jersey City, accompanied by his wife Blanca, on Wednesday, January 2, 2019. All three patients had shoulder surgery at HealthPlus in Saddle Brook and were notified that they may have been exposed to blood borne pathogens, including HIV and hepatitis.

Previously, HealthPlus had reported one case of chronic hepatitis identified, which it said likely was present before any treatment at HealthPlus.

The Health Department specified the list, or “panel,” of seven tests each patient should have, HealthPlus statement said, and “determined that patient who had the recommended panel of tests … do not need to be retested.”

An infectious disease specialist agreed.

"These are the correct tests to determine is someone was recently infected,” said Ronald G. Nahass, president of Infectious Disease Care, the state’s largest medical practice for the specialty of infectious diseases. The panel “would provide assurance three months after the exposure as to whether (the patients) they were safe or not."

A class-action lawsuit filed Thursday, however, described the actions by HealthPlus as “wholly inadequate, given the seriousness of the diseases, ... the nature of the danger, and the standard of medical care for persons potentially exposed to such diseases.”

The lawsuit is the fourth to be filed in connection with the infection-control problems at the center. It was filed on behalf of David Kinlock, a Newark resident and patient at HealthPlus.

Any positive results of the blood tests must be confidentially reported to local public health agencies by law, HealthPlus noted in its statement. That allows the agency to trace possible contacts of the infected person and make sure that they receive proper testing and treatment.

This article originally appeared on North Jersey Record: Only fraction of patients have been notified of possible HIV at NJ surgery center