Hospital sued for improper sterilization of equipment; Fear of disease claimed

Kyle Barnett Dec. 27, 2011, 1:59am

A New Orleans woman is suing a local hospital that reported an instrument used in a procedure on her husband had not been properly sterilized and exposed him to infectious diseases.

Carol Domio, on behalf of the estate of Clifford Domio, filed suit in Orleans Parish Civil District Court on Dec. 14 against Tulane Medical Center.

The suit claims Tulane Medical Center sent the Domio family a letter stating a medical device used in a recent endoscopic procedure on Clifford was not sterilized to the proper degree and could have resulted in the transmission of HIV, Hepatitis B and Hepatitis C.

Domio claims the mishap by the hospital resulted in injury to her family including reasonable fear and fright of contracting infectious diseases, need for medical monitoring, medical expenses, loss of enjoyment of life, loss of earnings and earning capacity, mental anguish and emotional distress. Damages sought are to cover all injuries to the Domio family.

The defendant is accused of negligence that led to the Domio family's alleged injuries.

New Orleans-based attorney Kevin P. Riche is representing Domio.

The case has been assigned to Division M Judge Paulete R. Irons.

Case number 2011-12889

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