Mediation in wrongful death and malpractice cases involving heart-surgery solution and Mary Washington Hospital ongoing.

By JIM HALL

Date published: 1/5/2007

Settlement talks are under way in wrongful death and malpractice cases involving the maker of a heart-surgery solution and Mary Washington Hospital.

"Mediation is ongoing," said Kathleen Allenbaugh, spokeswoman for the hospital. "We're continuing talks with the patients and families involved."

The participants have agreed not to talk about the mediation conference held last month or any settlements already reached.

"I've been required to sign a confidentiality agreement about mediation," said Charles A. Gavin, who represents the family of one of the deceased patients. "I can't really tell you about anything that it involves."

Stephanie E. Grana, attorney for eight of the patients or surviving family members, did not respond to efforts to reach her.

William H. Robinson Jr., attorney for the heart-solution manufacturer, also did not return a phone call.

The mediation efforts are aimed at ending the legal claims made by a group of patients who had heart surgery at Mary Washington between December 2004 and September 2005.

The patients or their surviving family members contend that they received a commercial solution called cardioplegia that was contaminated with bacteria. Six of the patients died following surgery. Three others required lengthy hospital stays but survived.

Mary Washington purchased the medicine from Central Admixture Pharmacy Services Inc. The hospital, Central Admixture and B. Braun, its parent company at the time, are named as defendants in the lawsuits.

The plaintiffs claim negligence and ask for $5 million each in damages. The defendants deny responsibility and blame each other.

The hospital contends that the medicine was contaminated by Central Admixture at its Maryland plant. Central Admixture says the contamination may have occurred at the hospital.

The plaintiffs filed their lawsuits in Spotsylvania Circuit Court beginning in March. The ninth and latest suit was filed Dec. 21 by the son of Jean E. Snyder, a 69-year-old resident of Fredericksburg.

Like the other patients, Snyder had a cardiac catheterization at Mary Washington, followed by coronary artery bypass graft surgery. Her surgery was on Dec. 30, 2004. She died at the hospital three weeks later.

Her family's suit alleges that bacteria-laden cardioplegia was used during her surgery and was responsible for her death.

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Date published: 1/5/2007

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