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Plaintiffs filed a motion to dismiss their case Nov. 29 in North Central District Court in Minot after a confidential settlement was reached.
Comments on the settlement from both sides were limited due to the settlement’s confidential nature, although Trinity declined responsibility for the outbreak.
“Despite an exhaustive investigation by leading experts from the North Dakota Department of Health and the Centers from Disease Control, which included an extensive analysis of Trinity’s infection control policies, practices and procedures, these experts did not identify a causal link between Trinity Health and the Hepatitis C outbreak,” said Trinity Vice President Randy Schwan.
“However, recognizing the harm to the individuals and the litigation costs faced by the families and Trinity Health, Trinity chose to resolve this dispute. It is hoped that the resolution will allow the individuals and their families to move forward with their lives. For its part, Trinity remains committed to serving the health and welfare of the Minot community, as it has done for nearly 100 years,” he said.
A statement on behalf of the plaintiffs was provided by the Zimmerman Reed law firm in Minneapolis.
“In its initial report, the Department of Health found a correlation between the victims of the outbreak and services provided by Trinity,” the statement said. “However, the Department of Health then closed its investigation without issuing a final report, and refused to re-open it despite being provided with significant new evidence and expert recommendations. The victims were effectively abandoned by the Department of Health, and had to finish the job themselves through the courts. Fortunately, both parties recognized the strength of the evidence obtained during the court process, and the victims chose to resolve this dispute after comparing the settlement proposal to the damages award expected at trial.
“The Department of Health’s continued refusal to expand its hepatitis testing program in Minot means we may never know how widespread this outbreak was, and that’s a shame,” the statement concluded.
The settlement leaves just one claim still pending. Attorneys representing Mark Krebsbach filed to intervene in the lawsuit in October. That portion of the case continues, as does ManorCare Health Service’s claim against Trinity.
ManorCare seeks punitive damages against Trinity, which it blames for causing the outbreak through drug diversion and reuse of needles by an outreach phlebotomist. At least 52 patients were infected with a genetically similar strain of hepatitis C, and most spent time at ManorCare’s facility in Minot. Trinity argues there is a lack of evidence and suggests ManorCare created its own problems.
Hepatitis victims initially had filed against both Trinity and ManorCare but dropped their claims against ManorCare in June to focus on Trinity.
The HCR ManorCare facility in Minot came under new management in 2015 with acquisition by North Shore Health Care. It now operates as Minot Health and Rehab.