Couple files lawsuit against Triad claiming medical supplies were contaminated

NEW ORLEANS - An Ouachita Parish couple has filed a lawsuit against the manufacturers of recalled wipes, swabs and swabsticks that they claim were bacterially contaminated.

Bonnie S. Montague and Jimmie O. Montague filed suit against Triad Group Inc., Triad Pharmaceuticals Inc., H&P Industries Inc., Medical Action Industries Inc. and PSS World Medical Inc. on Jan. 13 in federal court in New Orleans.

Bonnie Montague claims she used some of the defendants' products in connection with a port placed in her chest. She states that was supplied with central line dressing trays that were used in the course of injections. Her port became infected in June 2010 and she was hospitalized for extensive treatment for the infections, the suit claims.

The Food and Drug Administration recalled the products in June 2011 due to bacterial contamination, the complaint says.

The defendants are accused of negligent and wrongful conduct in connection with the design, development, manufacture, testing, packaging, marketing, distribution and labeling of the "supposedly sterile" swipes, swabs and swabsticks.

The defendants are further accused of violating the Louisiana Products Liability Act and violating the warranty of redhibition.

The suit seeks damages for permanent physical damage, pain and suffering, emotional distress, loss of enjoyment of life, inconvenience, disability, disfigurement, increased risk of death, deterioration or disease, fear of death, medical expenses, loss of consortium, loss of society, loss of support, and lost earnings and earning capacity.

The plaintiffs are represented by Douglas R. Plymale of Plymale Law Firm in New Orleans and Jeff Guerriero of Guerriero & Guerriero in Monroe. A jury trial is requested.

U.S. District Judge Jane Triche Milazzo is assigned to the case.

Case No. 2:12-cv-00098