SHERMAN Ã¯Â¿Â½ A cancer patient undergoing chemotherapy in December 2007 developed a serious blood infection that he alleges was caused by the use of a bacterially contaminated product.
Seeking more than $2 million in damages, Paul Dore filed suit against B. Braun Medical Inc. on Oct. 2 in the Denton County District Court. The case was removed to the Sherman Division of the Eastern District of Texas on Nov. 16.
Dore claims he developed a bacterial blood infection after healthcare providers used contaminated syringes. According to the lawsuit, the bacteria contaminated products were manufactured by AM2PAT Inc. and Sierra Pre-filled Inc.
Defendant B. Braun is a medical supplier who sold and distributed the allegedly contaminated pre-filled syringes for AM2PAT and Sierra.
Due to the bacteria, the plaintiff developed pneumonia and had surgery to remove the medaport and powerpick in his arm. He was hospitalized for five days, including two days in intensive care, with a life-threatening infection, court papers state.
Dore argues the defendant failed to have adequate measures to ensure the sterility of the product and distributed the product knowing the product was not sterile.
"Defendant B. Braun negligent failed to establish any inspections or protocols to ensure their suppliers were taking adequate precaution, measures and inspections to ensure the quality and safety of their products," the complaint states.
The plaintiff also alleges that the defendant failed to adequately warn users and consumers of the potential dangers of the product and breached implied warranties of merchantability and fitness for its products.
Hot Springs, Ark., attorney Michael R. Lipscomb is representing the plaintiff.
U.S. District Judge Michael H. Schneider will preside over the litigation and has referred the case to Magistrate Judge Amos L. Mazzant for pretrial proceedings.
Case No 4:2009cv00559