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We have an “A” rated occurrence reported excess coverage opportunity for Intalere members that provides catastrophic healthcare professional liability protection. It provides explicit coverage for:

Integrated Occurrence/Batch Coverage

Catastrophic Single Occurrence Loss

Punitive Coverage (where allowable by law)

Charitable Services Coverage Reimbursement

Limited Drop Down Coverage

Limit of $50MM

Minimum attachment $15MM

Pricing significantly below current market rates

Pooled limits

Simple application and approval process

Only available to Intalere members

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Infections/Disease Superbugs

  • Hepatitis C: New Hampshire (32 patients) Maryland (7 patients) Pennsylvania (1 patient) Kansas (6 patients): Cardiac technologist, David Kwiatkowski, worked in 18 hospitals across multiple states. He stole syringes from his hospital employers, replaced the stolen syringes with saline-filled syringes tainted with his own blood, and infected 46 patients across four states with Hepatitis C.
  • Superbug/Scope Cases: California, Connecticut, Illinois: 100s of patients at numerous hospitals died or sickened due to exposure to a superbug known as Carbapenem resistant Enterobacteriaceae (CRE) while undergoing an endoscopic procedure with a bacteria infected duodenoscope. While hospitals reportedly followed all disinfection protocol, manufacturers’ cleaning/sterilization may have been inadequate. Wrongful death and bodily injury actions pending across the country.
  • Michigan: Hospital’s alleged use of single patient insulin pens to administer insulin to multiple patients causing the remote risk of transmitting blood borne pathogens such as HIV and Hepatitis viruses between patients.
  • Canada: Class action settlement for $27.5MM for 18,000 patients who underwent EEG and hundreds that developed Hepatitis B. The outbreak was caused by an infected technologist and inadequate infection control practices.
  • Alabama: 14 patients tested positive for Legionella, with 2 expiring. Likely source was the hospital plumbing line in a new facility. High seven-figure settlement.
  • North Carolina: Novant Health Forsyth Medical Center. In 2014, 18 patients over a 3-week period of time were potentially exposed to Cretuzfeldt-Jakob, a rare but fatal brain disease, as a result of equipment sterilization issues of surgical equipment.
  • North Carolina: Duke University – Hydraulic fluid was used to cleanse surgical instruments for a period of months due to mix-up in barrels. No true patient injuries; cost into the tens of millions.
  • North Dakota: 45 patients at a long term care facility tested positive for Hepatitis C due to re-use of needle by a phlebotomist, litigation ongoing, plaintiffs seeking Class status.
  • Ohio: Endoscopes used during GI procedures contaminated and attached to scope processor. 427 claimants potentially exposed.

Product Related Injuries

  • Granuflo/Dialysis Litigation: Multi-District litigation involving 1000s of patients against Fresenius Medical Care (largest owner of US hemodialysis clinics and supplier of dialysis products) alleging cardiac complications arising from dialysis patients using Granuflo product during dialysis.
  • DaVinci Robotics: 1000s of patients pursuing claims against manufacturer of robotic device. Patients allege that, due to defects in the daVinci robot, the electrical current used to cut tissue during surgery “jumps” outside of the physician’s visual field and burns surrounding tissue; the damage to the surrounding tissue is only detected days after surgery once serious infection has developed. Allegations that manufacturer improperly trained surgeons on use of device.
  • Metal on Metal Hips: Thousands of recipients of MoM Systems made claims and/or brought suit alleging bodily injuries against manufacturers, claiming that the MoM System was defectively designed and utilized a “metal cup” and “modular head” that prematurely deteriorated or cracked resulting in product failure and the release of metal debris into the body over time. Defense costs and indemnity per manufacturer range from $500MM to $4B.
  • Medtronic Infuse Bone Graft: Thousands of lawsuits filed against Medtronic alleging their promoting the product for non-FDA approved procedures. They settled with 950 claimants for $22MM, with a reported $14MM to settle the remainder (approx. 3800)

Therapeutic Misadventures including Dosage, Compounding and Labeling

  • Pennsylvania: In 2012, dozens of healthcare entities around the country sued for administration of infected injectable steroid procured from New England Compounding Center resulting in patients contracting bacterial meningitis. 70 deaths and 700 folks infected with bacterial meningitis. Criminal proceedings pending against owners of NECC. NECC Bankruptcy Trustee has collected $130MM to compensate victims to date.
  • Ohio: An estimated 300 patients received progressively excessive dosages of radiation during therapy due to calculation error on the decay rate of Cobalt 60 on the part of a physicist.
  • Kansas: Pharmacist diluted chemotherapy drugs prescribed for thousands of cancer patients over a 10-year period and affected as many as 4,200 patients, 400 doctors, and 98 prescriptions. Numerous lawsuits have followed.

“Angel of Death” Scenarios

  • New Jersey and Pennsylvania: Charles Cullen thought to have killed 40 people while working at various nursing homes. Convicted of 29 murders.
  • New York: Richard Angelo, a nurse at Good Samaritan Hospital, induced respiratory problems so he could “save the day”. He killed 25 patients.
  • Texas: Genene Jones, a pediatric nurse at Bexar County Medical Center, suspected to have killed 46 infants.

Errors in Electronic Medical Records Reporting

  • Western State: Test results of healthy patient attached to records of other patients due to glitch in programming used to report results electronically.

Errors in Genetic Testing Including Actions for “Wrongful Life”

  • Washington: December 2013 $50MM Wrongful Life verdict against hospital and lab due to alleged failure to diagnose genetic disorder.

Credentialing /Failure to Supervise

  • West Virginia: Over 100 patients make claims for unnecessary or improper surgery performed by one physician over a 7-month period.
  • Maryland: Class action breach of privacy/infliction of emotional distress lawsuit by up to 12,000 woman alleging that they were illegally photographed and videotaped by OB/GYN employed by hospital system over 20-year period. Allegations Johns Hopkins failed to supervise and credential physician. $190MM settlement.
  • North Carolina: Duke University - Treatment of cancer patients in clinical trials where chemo choices were based on surgeon’s questionable models. Results and physician’s credentials alleged to be falsified and incorrect. Nine figure settlement.
  • Texas: 17 claimants filed against facility for negligent credentialing of a spinal surgeon who caused severe injuries, including one death to claimants during botched surgeries, allegations also included awareness that the doctor was unfit to practice. Hospital maintains that it followed all the state’s best practices and peer review guidelines. New Mexico: Experimental spinal surgery performed by allegedly unqualified anesthesiologist on more than 72 patients; allegations of negligent credentialing against hospital and other defendants.

Performance of Unnecessary Medical Procedures or Experimental Devices

  • Ohio: Lower Back Surgeries using Experimental Bone Protein - several hospitals are defendants in suits by 1000+ patients alleging performance of unnecessary spinal surgery by surgeon using experimental bone protein. Surgeon performed 1400 surgeries over 4-year period at numerous area facilities. Surgeon was criminally convicted and fled the country.
  • Florida: Spinal Fusion - 350 patients alleging performance of experimental spinal fusion surgeries using non-FDA approved Mitek anchors between 2008-2013.
  • Maryland: Cardiac Stents - In 2014, St. Joseph Medical Center negotiated $37MM settlement with 273 patients to resolve allegations of placement of unnecessary stents; however, payments to date exceed $75MM.
  • West Virginia & Alabama: Cardiac Stents - 700+ patients pursuing hospital system for insertion of unnecessary cardiac stents. Health system self-disclosed to CMS/Medicare Program issue as it is deemed to have overbilled the government.
  • California: Redding Medical Center/Tenet - 795 patients receive $395MM for unnecessary angiograms and unnecessary by-pass surgery. Cardiologist pay an additional $24MM and Cardiovascular surgeons an undisclosed amount. (Internet)
  • Ohio: Medtronic Infuse Bone Graft claims, approx. 400 lawsuits filed alleging that the bone graft caused spinal injuries after being used for off label purposes. This is linked with the product claim referenced above in the Product Related Injuries category. The allegations are the surgeries performed were unnecessary and fraudulent.

“That would never happen to us.” Small or large, sophisticated or humble, new or well-established operations; none are immune from unimaginable scenarios that frequently take place in the medical community. Don’t get caught without HELP when an “unbelievable” situation occurs.

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