Occupationally Acquired Co- Infection of HIV and Hepatitis C Lisa M. Black RN, BSN Director at Large Nevada Nurses Association Health Care Worker Liability.

Occupationally Acquired Co-Infection of HIV and Hepatitis C

Lisa M. Black RN, BSN

Director at Large

Nevada Nurses Association

Health Care Worker Liability and Legal Vulnerability

American healthcare workers sustain

approximately 590,000 needlestick injuries

EVERY YEAR:

12,000 of these injuries expose the worker to HIV...the virus that causes AIDS

12,000 of these injuries expose the worker to HIV...the virus that causes AIDS

Statistics

Needlestick and Other Risks from Hypodermic Needles on Secondary I.V. Administration Sets -- Piggyback and

Intermittent I.V.

April 16, 1992

Dear Colleague:

This is to alert you to the risk of needlestick injuries from the use of hypodermic needles as a connection between two pieces of intravenous (I.V.) equipment . . . . . .

FDA SAFETY ALERT:

In 1998, California nurses were the first to win legislative protection from needlestick injuries

California Assembly Bill 1208

Historic Nationwide Needlestick Prevention Legislation was signed into law on November 6, 2000

Legislation modeled after the California Law was introduced into the United States Congress June 2000

Federal Legislation

Engineered Sharps Engineered Sharps Injury Prevention Injury Prevention TechnologyTechnology

Needlestick Injury Needlestick Injury LogLog

Involves bedside Involves bedside employees in device employees in device selection selection

Components of United States Needlestick Legislation

HIV treatment cost$3,000 USD per month

Hepatitis C treatment$2,000 USD per month

Lost wages $

Emotional/ Psychological impact is devastating

Cost

Governed and defined by state law

Employees are eligible to receive benefits without proving employer fault

This protection insulates employers from liability

Workers Compensation

Precludes employees from bringing private suit for occupational disease or injury

Provides little legal incentive for healthcare institutions to purchase safer equipment

Exclusive Remedy Provision

Occupational Illness??

Conflicting decisions Conflicting decisions have resulted when have resulted when the courts have been the courts have been left to decide if a left to decide if a bloodborne illness bloodborne illness meets the definition of meets the definition of a occupational diseasea occupational disease

Product Liability

Many injured Many injured healthcare workers healthcare workers have brought suit have brought suit against the against the manufacturer of the manufacturer of the device they were using device they were using at the time of their at the time of their injuryinjury

Presumptive EligibilityHistory of contact with History of contact with a potentially infectious a potentially infectious clientele is sufficient clientele is sufficient proof that a blood borne proof that a blood borne illness originated in the illness originated in the workplaceworkplace

Financial coverage is Financial coverage is VITALVITAL

“Each of us is but one personal tragedy away

from becoming politically active”

Nevada Assembly Bill 279Will Create a statutory presumption of occupational transmission if a healthcare worker is infected with a blood borne disease

Signed by Governor Kenny Guinn on

May 28, 2001

Effective October 1, 2001

Assemblywoman Sheila Leslie

Don’t let stories such as mine be repeated in your

facility

HIVHIVHIV HIV HCV

HCV HCVHIV HBV HCV