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Vet Gets Legal Help For Hepatitis Contraction

Infectious Bodily Fluids Transmitted In Colonoscopies

POSTED: 4:23 pm CDT March 26, 2009
UPDATED: 6:27 pm CDT March 26, 2009

Only half of the 6,400 veterans at risk from "problem colonoscopies" have been tested so far at the V.A. Hospital in Murfreesboro.

Already, at least 10 patients are positive for hepatitis B or C or HIV. A Murfreesboro man is among them, and he's now getting legal help.

Attorneys Derek Artrip and Tim Smith are now representing a Murfreesboro man who has tested positive for hepatitis C.

"This is a man in his 50s, been married many years, has children, and now he's going to have to have protected sex for the rest of his life with his own wife," said Artrip.

Medical records have Artrip and Smith feeling certain their client was infected after a colonoscopy at the Murfreesboro V.A. two years ago.

In December, the V.A. discovered the wrong tubing valve had possibly been used during procedures dating back to April 2003, causing infectious bodily fluids to be transmitted between patients.

"When he found out that he was positive, they asked him to come in, and they sat down and talked with him about it," said Artrip. "His wife was there, and he said, 'Oh no, I can't be the only one,' and the doctor said, 'Oh no, you're not.'"

But for weeks, the V.A. has insisted no one tested positive until Wednesday when the V.A. announced there are 10.

"I'm lucky I didn't get nothing," said Bobby Brown. "I am thankful for that."

Brown is thankful his blood tests came back negative.

"They (are) supposed to take care of you, and right there they let you down, in my book," said Brown. "They should clean up their act."

After learning this week the same mistake also happened at V.A. centers in Georgia and Florida, Washington lawmakers are now demanding answers.

"We owe these folks the highest obligation because they have protected our country; we should protect them," said U.S. Rep. Jim Cooper, a Nashville Democrat. "So Congress needs to do whatever it takes to make sure all of our veterans are safe."

Part of a V.A. report finished in January about what went wrong at Murfreesboro details what caused colonoscopy equipment to be switched, used incorrectly and even not sterilized properly. But of 10 different contributing factors, seven times the V.A. blames "unclear product instructions" from Olympus for the mistakes.

Channel 4 has tried repeatedly to contact Olympus for answers, but they stand by their original statement issued on their Web site Feb. 11, reminding customers about proper reprocessing procedures.

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