In her decision, Judge Wolford stated, “[p]laintiff cannot
support a claim for negligent infliction of emotional distress.”
In a similar ruling, U.S. Magistrate Judge Hugh B. Scott
recommended dismissal of a negligence lawsuit filed by plaintiff Archie Maxwell
who claimed that the VA reused insulin pens and exposed Maxwell to HIV or
Hepatitis B or C. The plaintiff was treated for diabetes while an inpatient at
the VA from December 29, 2011, to January 9, 2012, and from August 9, 2012, to
August 14, 2012. Maxwell alleged that in February 2013, he tested positive for
Hepatitis B.
In his decision, Magistrate Judge Scott stated, “There is no
record of any patient, including plaintiff, being infected from use of the
insulin pens, thus plaintiff fails to prove actual exposure to HIV or Hepatitis
C.”
From 2012 to 2013, the Veterans Affairs Office of Inspector
General (OIG), Office of Healthcare Inspections, investigated the use of
insulin pens at the Buffalo VA. The OIG found no documented cases of
transmitting blood borne pathogens related to the use of an insulin pen on
multiple patients.
