1-Feb-18 – By the time he was finally told of a possible exposure to HIV, it was too late for medicine that targets the retrovirus to be of any benefit, according to a Chicago-area resident who is suing Northwestern Memorial Hospital.

Identified only as John Doe but described by his attorney as a “well-educated, high-achieving professional,” the man says he was potentially exposed to the virus on February 17, 2017, when he was given a sedative during hernia surgery. The syringe used to inject the sedative had been used earlier in the day on a patient with HIV.

Northwestern personnel realized their mistake, according to the lawsuit, before the surgery was completed, and drew blood to test for HIV. They consulted with at least one infectious disease specialist, Dr. Teresa Zembower, an associate professor of medicine at Northwestern University, to evaluate the risk of contamination.

Doe was not told of the incident until February 27, 2017, during a follow-up visit, when he was asked to meet with Dr. Charles Hogue (left), a professor of anesthesiology and chair of Northwestern Memorial Hospital’s Department of Anesthesiology. Hogue told Doe a syringe used on another patient had been re-used on him. He said there was “no risk” to Doe’s health but, says Doe, Hogue did not mention that the previous patient was HIV-positive.

Later that day, Doe emailed an executive assistant in the anesthesiology department with questions about what had happened – such as what, if any, infections, diseases, or conditions the other patient had.

The assistant did not answer any questions in his response the next day but suggested Doe meet with Dr. Zembower.

Doe sent two more emails, requesting information on the other patient, but in return was only given Dr. Zembower’s contact information. He tried asking an attorney for Northwestern, Jennifer Benton, but she told him HIPAA regulations prevented her from providing any information about the other patient, even if the patient was not identified by name.

It was not until March 22, 2017, during a meeting with Dr. Zembower (right), that Doe learned for the first time that the syringe used on him had been used previously on a patient with HIV. Zembower told Doe that Northwestern would pay for blood tests to screen for HIV and hepatitis and advised him to use a condom during sex.

From Northwestern Memorial Hospital, Doe went to University of Chicago Medical Center, seeking treatment for exposure to HIV, but a representative of the medical center’s infectious diseases department told him it was “too late for antiretroviral medicines to be of any benefit.”

The medical malpractice complaint, filed in Cook County Circuit Court on January 17, alleges medical battery, reckless endangerment, and fraudulent concealment. Judge Irwin Solganick allowed it to be filed under a fictitious name.

So far, Doe has not tested positive for HIV.

“The worst nightmare hopefully has been avoided,” says his attorney, Shawn Kasserman (left) of Tomaski Kotin Kasserman. “However, if left unchecked, this type of behavior will result in patients being infected with HIV.” A status hearing is scheduled for March 28.