Contests & More
Find a Business
AB BC MB NB NL NS NT NU ON PE QC SK YT
Find a Person
Pets On Parade
May Coupon Book
Look & Feel
2006 Auto Preview
Colleges & Uni’s
Tue, May 30, 2006
Plaintiff in hospital hepatitis suit dies
By ALAN CAIRNS, SUN MEDIA
TORONTO – A hepatitis outbreak that saw at least eight of 400 Scarborough Hospital dialysis patients test positive for the disease has sparked a class-action lawsuit.
But in a stunning development, the dialysis patient named as the sole plaintiff in the civil suit died from a heart attack last week - two days after the suit was filed.
Andrew Nosworthy, 40, of Scarborough, was one of about 400 dialysis patients in Scarborough Hospital when the first hepatitis case was discovered in a patient April 31.
A cluster of eight hepatitis infections - strains of both B and C - have been discovered.
Nosworthy was found dead in his home Thursday morning, said Toronto lawyer Glyn Hotz, who along with noted Windsor lawyer Harvey Strosberg, has filed a notice of action in Nosworthy’s case.
Hotz said Nosworthy had been a Scarborough Hospital dialysis patient for two years and had most recently entered the hospital for an operation on a broken knee May 15.
Hotz said Nosworthy had complained last week that hospital officials had to “contort his body” during dialysis treatments and “he was really uncomfortable … really in pain” from his knee operation.
Hotz said everyone is “speculating” whether Nosworthy suffered hepatitis-related liver failure, which led to heart failure.
He noted there was not an autopsy in Nosworthy’s death.
The lawsuit seeks unspecified damages, plus recovery costs and legal bills.
The lawsuit noted that Toronto Public Health officials had warned patients that they should guard against any further spread of infection by having only protected sex.
The suit alleges that Scarborough Hospital was negligent because it failed to “disinfect and adequately maintain” machines and surfaces in the hemodialysis unit and failed to test staff and others in the hospital.
It is also alleged that the hospital either hired incompetent or poorly trained staff and failed to adequately train them.