7 ACI Prisoners May Have Been Infected With HIV or Syphilis, Asserts Lawsuit

A lawsuit has been filed in Providence Superior Court on behalf of seven prisoners who suffer from diabetes -- and who may have been infected with HIV and or syphilis.

“As prisoners, plaintiffs were wholly dependent on the ACI medical staff to provide them with safe and adequate medical treatment. However, in September 2018, the ACI medical staff breached that responsibility. Defendant Christopher Whitcomb, RN, a nurse entrusted with Plaintiffs’ care and employed by the State of Rhode Island, negligently contaminated two vials of insulin with one or more dirty needles used by one or more other prisoners,” according to the complaint.

The complaint went on to state, "Defendant Christopher Whitcomb, RN, a nurse entrusted with Plaintiffs’ care and employed by the State of Rhode Island, negligently contaminated two vials of insulin with one or more dirty needles used by one or more other prisoners. Consequently, Nurse Whitcomb caused the contaminated insulin to be injected into [the] Plaintiffs’ bodies. As a result of the contamination, Plaintiffs learned they may have been exposed to blood-borne diseases, including HIV and syphilis."

The Rhode Island Department of Health’s disciplinary committee later entered into an agreement with Whitcomb where he agreed to surrender his licenses, according to a consent decree signed by the nurse.

"It is alleged that, on or about September 7, 2018, Respondent was observed utilizing an insulin needle instead of a lancet to obtain a blood sample from patients for the purpose of conducting a blood sugar test. After utilizing an insulin needle to obtain a blood sample, ·Respondent utilized the same needle to draw one dose of Lantus from a multi-dose vial and to draw one dose of Humalog from another multi-dose vial, thus contaminating the same two vials with blood from the insulin needle used on patients.

CONCLUSIONS OF LAW.:

The allegations set forth ... if proved, would demonstrate that Respondent engaged in acts constituting violations of the Nurse Practice Act, Rhode Island Gen. Laws § 5-34-1 et seq., providing grounds for disciplinary action against Respondent's license. "

Potential Exposure to HIV and Syphilis

The lawsuit states, “As a result of the contamination, Plaintiffs learned they may have been exposed to blood-borne diseases, including HIV and syphilis. Each plaintiff suffered severe emotional distress and mental anguish upon learning that he had been injected with insulin contaminated by dirty needles used by other prisoners."

The attorney for the seven inmates, Georgi J. Vogel-Rosen, tells GoLocal, “This is a truly upsetting case. It’s unthinkable that a trained nurse, employed by the state, could be contaminating life-saving medication with dirty needles. My clients may have been in prison, they may have committed crimes, but they are human beings who were entitled to safe and adequate medical treatment. They were wholly dependent on the prison, and the prison failed them."

Vogel-Rosen is at the firm Bianchi Brouillard Sousa & O’Connell, P.C. in Providence.

One of the inmates, Morris King, told a mental health counselor shortly after learning what happened, “I have been stabbed and shot and never have felt this afraid.”

"Plaintiffs continue to experience severe emotional distress and anguish,” according to the complaint.

Vogel-Rosen said, "No specific dollar amount has been calculated at this time. We will be offering compelling evidence of the significant consequences this has had—and continues to have—on our clients’ lives. We expect that jurors will issue a very substantial award in their favor."

The four-count complaint includes multiple assertions of negligence by the Rhode Island Department of Corrections.

“We take the safety and security of RIDOC staff and inmates very seriously; there is no higher priority for us. Because of pending litigation, we are unable to provide any detail concerning this matter. This Department is confident in the safety and security measures we have implemented inside our secure facilities,” according to J.R. Ventura, Chief of Information & Public Relations Officer.

This story was first published 1/10/20 3:16 PM

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