Salem Hospital hit with class-action lawsuit over potential HIV, hepatitis infections

SALEM — A class-action lawsuit has been filed against Salem Hospital over the potential infection of hundreds of patients with hepatitis and HIV.

The lawsuit was filed Thursday by Keches Law Group on behalf of an Amesbury woman who, according to the lawsuit, suffered permanent injuries, extreme anxiety and emotional distress due to potential exposure to the infections.

The lawsuit says the patient, Melinda Cashman, will have to undergo testing, screening and evaluation to determine whether she was infected, a process that can take “months or even years.”

“Our client deserves to have someone take responsibility for years of negligence,” attorney Jonathan Sweet said in announcing the lawsuit. “We want victims of this tragedy to know that we are fighting for them and that the people who wronged them need to be held accountable.”

Salem Hospital has acknowledged that nearly 450 patients may have been exposed to infection during endoscopy procedures over a nearly two-year period. The hospital says no one has contracted an infection so far and described the risk of doing so as “extremely small.”

The potential exposures took place from June 14, 2021, to April 19, 2023. Hospital officials have not explained what caused the potential exposures, but a spokesman said the problem involved a “single contracted individual” and that the practice “was not easily observed.” He said the individual no longer works at Salem Hospital.

A patient told The Salem News that hospital officials told him the infection scare was caused by the re-use of a piece of equipment on multiple patients while they were being given anesthesia. The equipment was supposed to be changed out for each patient to prevent infections.

The lawsuit says the extremely contagious nature of HIV and hepatitis B and C means other people, including spouses and partners of patients, may have been exposed to the viruses.

The lawsuit also names Mass General Brigham, which owns Salem Hospital, and 10 unnamed hospital employees. It accuses them of negligence and negligent infliction of emotional distress.

Keches Law Group said it is seeking answers as to how and why the potential exposures happened for such an extended period of time and why it took so long for the hospital to discover “such a catastrophic and ongoing mistake.”

“The hospital is a place you go to heal. It’s an institution that you put your complete trust in,” attorney Jeff Catalano said. “For Melinda and all the other victims, what they need now is to see some responsibility taken, so they can all move on, and this kind of thing cannot happen again.”