Michael A. Galpern and Zachary M. Green of Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, and Stephen DeNittis and Joe Osefchen of DeNittis Osefchen Prince have settled a class action on behalf of New Jersey citizens against HealthPlus Surgery Center, LLC for lapses in infection control potentially exposing over 3,700 patients to Hepatitis B, Hepatitis C, and HIV. The complaint sought injunctive relief against HealthPlus to provide a corrective notice and supplemental testing at no cost to the patients. The order to certify the class was entered by the Essex County Superior Court on April 28, 2021.
The class complaint contended that HealthPlus’ initial notice failed to advise the patients that the diseases at issue can have an incubation period and, as a result, some patients may have been tested too early. Plaintiffs sought a corrective, adequate notice to the class and a program offering the class members the opportunity for an additional free blood test conducted at Defendant’s expense. The settlement requires HealthPlus to distribute a supplemental corrective notice to the Class and provide an additional blood test to anyone who previously had a blood test less than six months after their alleged exposure, at no cost to the class member. Further, any class member who has not filed a claim for personal injury and/or money damages will have the option of waiving their claims in exchange for a one-time Additional Settlement Payment.