When Mahogany Clifton had a work accident and injured her shoulder, she never thought that she would be at an attorney’s office talking about a lawsuit against the surgical center her doctor chose to do a routine shoulder surgery to fix a shoulder tear. Mahogany Clifton, however, was one of the persons at a Press Conference who was potentially exposed to the HIV and the Hepatitis virus at the HealthPlus Surgery Center in Saddlebrook NJ. To be clear, Mahogany Clifton has not yet undergone blood testing for HIV or Hepatitis, but her anxiety over the potential for either infection showed in her face at the Press Conference.
Department of Health Inspection & Immediate Closure
The Department of Health of New Jersey shut down the Health Plus Surgical Center located at 190 Midland Avenue, Saddle Brook on September 7, 2018, after an inspection on that day found unacceptable sterilization practices, poor drug storage methods, and an outdated infection control plan among other violations. One particular egregious sterilization violation was the improper use of drug vials for more than one patient which could spread a virus if the vial is contaminated and then used for another patient. Another was the improper use of sterilization oven by overcrowding and not allowing the instruments to cool (part of the sterilization procedure) which would result in surgical instruments not being sterilized.
Statement of Deficiencies & Plan of Correction
The NJ Department of Health Statement of Deficiencies which became the basis for the closure of the surgical center is thirty-four pages long, but the letter from the Department of Health closing the facility emphasized lapses in infection control. The Department of Health took those violations seriously and ordered on the same day of its inspection the curtailing of all services at the facility. HealthPlus Surgery Center has since put together a Plan of Correction in consultation with the Department of Health allowing it to reopen. The surgical center reopened on September 28, 2018, after two staff members were fired, the facility was cleaned, and infection control procedures were updated.
Blood Testing Controversy
A controversy has arisen concerning blood testing that is being offered to patients who had surgical procedures conducted at the facility between January 1, 2018, and September 6, 2018. The letter which communicates the potential exposure to HIV and Hepatitis states that the patient can go to a LabCorp and the Hudson Regional Hospital in Secaucus NJ (formerly known as the Meadowlands Hospital) for their blood test. Meadowlands Hospital was purchased, and its name changed to the Hudson Regional Hospital by Yan Moshe who also owns the Health Plus Surgical Center. At the Press Conference conducted by one of the attorneys who is representing patients who had surgery at the surgical center it was questioned whether the Hudson Regional Hospital should be conducting blood testing due to the conflict of interest since both facilities are owned by Yan Moshe. Full disclosure of the ownership would allow patients to opt to have LabCorps to conduct the blood testing rather than Hudson Regional Hospital. Blood results are sent to the patient’s primary physician. Also, attorneys for patients have stated that their client did not receive a notice letter even though a procedure was done at the surgical center between January 1, 2018, and September 6, 2018.
Information on Testing.
To find the closest LabCorp site visit their website at www.LabCorp.com or call 1-888-507-0578. For testing at the Hudson Regional Hospital located at 55 Meadowlands Parkway, Secaucus, NJ Call 1-888-507-0578. Please note that the number provided for LabCorp and the Hudson Regional Hospital is the same. It is recommended you schedule an appointment through the LabCorp website to avoid any potential conflict of interest issue. The notice letter has the same phone number to reach to two blood testing facilities.
Legal Assistance
If you had a surgical procedure at the Health Plus Surgery Center in Saddle Brook NJ between January 1, 2018, and September 6, 2018, and want a consultation with an attorney regarding your rights, please call (973) 481-4364 to schedule an appointment to meet with an Attorney regarding your rights.
Documents:
Letter to Patients of Health Plus Surgery Re: Exposure to HIV & Hepatitis
Health Plus Surgery Violation Report from NJ Department of Health
Letter from
Letter from NJ Department of Health Allowing Resumption of Services After Corrective Actions