Exeter Hosp. v. Kwiatkowski (Summary)

VICARIOUS LIABILITY

Exeter Hosp. v. Kwiatkowski, No. 14-cv-009-SM (D. N.H. Sept. 4, 2014)

A cardiac catheterization technician was employed at 19 hospitals in the span of nine years, and tested positive for hepatitis C. He often stole drugs from a hospital, used them, and refilled the depleted syringes with saline. The tainted needles were then used on patients, infecting at least 32 with hepatitis C. The hospital settled nearly all suits with affected patients. It then sought statutory contribution from the technician, an employment agency with which he had been affiliated, and the American Registry of Radiologic Technologists (“ARRT”). The employment agency and AART filed motions to dismiss the case, arguing that the hospital failed to allege sufficient facts to show that they had a duty of care of the hospital’s patients.

The court granted the motion to dismiss the employment agency, finding that the hospital had pled insufficient facts for a determination that the agency could have foreseen the criminal conduct that the technician would undertake while working for the hospital. The court denied ARRT’s motion to dismiss, finding that the hospital had alleged sufficient facts to suggest that ARRT had a broader range of duties and responsibilities as a certifying agency. As such, the agency likely had greater knowledge of the technician’s wrongful acts and could have investigated the incident or taken action to revoke the technician’s credentials.