Reuse of Single-Use Devices: U.S. Court Denies Class Action Status
August 1, 2011 | Healthcare Risk, Quality, & Safety Guidance
Plaintiffs who sought to bring a class action lawsuit against a urology center and others for reuse of single-use devices must do so individually, not as a class, ruled a U.S. District Court in South Dakota. The court denied class action certification to a lawsuit by seven plaintiffs on behalf of themselves and as representatives of 6,347 similarly situated individuals asserting claims against a urology center, a professional association, and several physicians.
The plaintiffs claimed that for more than seven years, the defendants reused bags of single-use irrigation fluid and plastic tubing on multiple patients and used other improperly disinfected medical equipment. The plaintiffs alleged negligence, medical malpractice, intentional and negligent infliction of emotional distress, battery, fraudulent concealment,...