Robert Metzler, 70, and his wife sued for a combined $30 million after Metzler contracted hepatitis C during a colonoscopy performed with improperly cleaned equipment at a Veterans Affairs (VA) hospital.
Metzler was among 11,000 other veterans that received colonoscopies with improperly cleaned medical equipment between 2004 and 2009 at VA hospitals in Miami, Murfreesboro, Tennessee and Augusta, Georgia.
Board-certified doctor in internal medicine, David Nelson, testified that there would be less than a zero percent chance that Metzler contracted the hepatitis through his colonoscopy.
Despite acknowledging the VA records stating that Metzler could not have contracted hepatitis through the colonoscopy procedure, the judge said that Metzler had no other risks associated with contracting the virus.
Judge Adalberto Jordan stated that he knew the chance of contracting hepatitis from a colonoscopy was slim, but that there was nothing else to discount Metzler from being one of the one or two of a trillion people that contracts the virus in their lives.
If you or a loved one has experienced a personal injury, contracted a virus or disease, or encountered a more serious medical malpractice case, please contact Friedman, Domiano, & Smith.