Lawsuit Filed Against UPMC and Two Other Companies for Hepatitis C Outbreak

Attorney Lynn Johnson and Pittsburgh Attorney William Caroselli filed a lawsuit in Allegheny County, Pennsylvania on behalf of Kansas residents Linda and William Ficken, against UPMC Presbyterian, Maxim Staffing Solutions, Inc., and Medical Solutions, LLC, for negligence leading to Mrs. Ficken's infection with hepatitis C on September 3, 2012.

The lawsuit states that UPMC Presbyterian Hospital in Pittsburgh and Maxim Staffing Solutions, Inc failed to take proper action when radiology technician David Kwiatkowski was observed engaging in actions that were not only illegal but dangerous to patients. Click here to read the complaint:

David Kwiatkoski was observed swiping a syringe filled with Fentanyl from a tray and replacing it with a used syringe filled with saline by a co-worker while working at UPMC Presbyterian Hospital in Shadyside in 2008.  After a drug test he was found to have the narcotic in his system and empty syringes were found in his pockets and locker.  At that point UPMC let him go but did not alert any authorities or government agencies.  Maxim Staffing Solutions, the healthcare staffing agency that placed Kwiatkowski at UPMC, also failed to report the conduct.

As a result of UPMC and Maxim Staffing Solutions' joint failure to report Kwiatkowski's behavior to law enforcement or any government agency in 2008 and Medical Solutions' failure to properly perform a background check or monitor his performance on the job, he was able to continue working at ten hospitals in eight states from 2008 to his arrest in 2012.

One of his jobs after his departure from UPMC was in Kansas at Hays Medical Center. Kwiatkowski worked at Hays Medical Center in Hays Kansas from May, 2010 to September, 2010. Linda Ficken was a patient at Hays Medical Center at that time. Kwiatkwosi was placed at Hays Medical Center by staffing agency Medical Solutions, LLC.

It is believed that there are thousands of victims who may have exposed to Hepatitis C across 8 states.  If you have any questions about a potential claim for Hepatitis C please contact Lynn Johnson today at 866-494-8966.



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