Zika Blood Test Errors

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Legally Reviewed by
Allan Siegel

Updated 2 years ago

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Sheldon describes how a routine elective surgery left his wife with permanent anoxic brain injury, requiring around-the-clock care. Attorney Joseph Cammarata took the case to trial and secured a jury verdict exceeding $35 million — a record in the Commonwealth of Virginia at the time.

Sheldon (00:05): In October of 2015, which we just hit our nine-year anniversary, my wife went in for elective back surgery. And the course of that surgery, the surgeon nicked a stomach artery coming from the back and it took them 22 minutes to figure out how to stop the bleeding. They didn’t know where it was coming from. So essentially my wife coded for 22 minutes, no oxygen, no blood getting to the brain, she should have died. But they finally sutured her up and she lived because she’s a fighter, but she now and then had anoxic brain injury and nine years later she still can’t perform any of the activities of daily living. She never will be able to. She’s incontinent. She requires a caregiver 24/7, and I’m that caregiver about 70% of the time. My kids were 13 and 16 at the time. So I had to kind of say, well, mommy’s not coming home from the hospital the next day, and eventually your mother’s not going to be coming home the same.

Sheldon (01:00): So they now kind of take care of her and they don’t have a mom anymore that they knew, and I can’t replace her in that sense. Her salary and she was working at the time, was going to go to the college education and I was working. So it changed a lot of things, but primarily we just lost the person we knew to love. So at the point when I finally realized I wanted to get some legal assistance, I shopped around a little bit and then I thought about Joe and I’m glad I did. So I came to this office and we talked about the case and he was aware that she’d been injured, but didn’t know any of the details, and he looked into it and said, this is a case I want to take on. I want to help you guys. The jury voted in favor of us.

Sheldon (01:49): The award was the highest in this Commonwealth of Virginia at the time. It was excess of 35 million. Help you address it. Do you know that I had anoxic brain interest? You do. So if I was in my shoes again or talking to someone about what they would do, I would call this firm. I think they’re really great. They’re good people. They’ve been doing this for a long time. So I just think you would get a fair shake here and you would be well treated. And it’s not, again, just attorneys. It’s a team of people behind the scenes that will help you. So I’m not being paid to give this endorsement, but I think they’re really good for.

DC Blood Lab Zika Lawsuits

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Chaikin, Sherman, Cammarata & Siegel, P.C. is currently investigating cases from pregnant women and others who had their blood tested by the DC public health lab and were told they tested negative for the Zika virus, only to later discover that they did, in fact, have the infection.

The DC Public Health Lab was found to have a serious error in its testing procedure, which resulted in retesting of over 400 blood samples, many of which included blood samples collected from pregnant mothers. As of now, health officials have reported that at least 9 women tested positive for Zika after initially receiving a false negative.

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Do You Have a Case?

You might have a potential case if:

  • You had your blood tested by the DC public health lab between July 14, 2016, and December 14, 2016.
  • You were initially told you did not have the Zika virus, only to discover that you did test positive upon a retest.
  • You were pregnant at the time the blood test was performed or later became pregnant.
  • You or your child suffered harm, including birth defects and birth injuries, as a result of a Zika infection during pregnancy that should have been correctly identified.

Our legal team encourages anyone with concerns about blood tests performed by the DC lab to contact us as soon as possible for a free case review, during which we can personally discuss your situation, whether you may have a potential case, and how we can help you pursue justice and compensation for your damages. The investigation into the lab and affected patients are still ongoing, and pregnant women should take immediate steps to determine their health and the health of their babies, as well as begin the process of learning about their legal rights and options.

Error Leads to False Negative

According to the District’s health department, the “calculation error” was discovered by a department official in fall of 2016. In February of 2017, it was announced that 409 blood samples would be retested for Zika by the Centers for Disease Control and Prevention (CDC) and other approved labs, including close to 300 samples from pregnant women. To date, 9 samples from women have returned positive for Zika.

Concern for Pregnant Women & Birth Defects

Zika is a viral infection primarily spread through the bite of infected mosquitos, as well as through sexual transmission. While many people with the Zika virus don’t display symptoms or experience only minor symptoms, it is of particular concern for pregnant woman because it can be passed from pregnant mother to her unborn child.

Zika infection during pregnancy has been linked to a number of birth defects, including serious and life-altering complications:

  • Microcephaly, a condition responsible for smaller heads and incomplete brain development in babies, is the most well-known defect associated with Zika.
  • The infection has also been linked to hearing impairments, impaired growth, defects of the eye, and Guillain-Barré syndrome, a disorder of the immune and nervous system.
  • Pregnant mothers with Zika have experienced stillbirth, miscarriage, and complications during birth.

Because the dangers of Zika are most concerning for pregnant mothers and their unborn babies, correctly identifying an infection and medical intervention early during pregnancy are critical. Unfortunately, the preventable errors made by the DC public health lab meant that some pregnant mothers were told they did not have the virus and therefore did not pursue needed medical treatment and monitoring with their doctors. Their babies may be at risk of suffering birth defects.

Timely Protect Your Rights

In order to assert a claim against the District of Columbia, you must put the city on notice of your claim, within 6 months. This is called a “12-309” notice. Failure to properly notify the District of Columbia could prevent you from making a claim.

Help for Victims and Families is Available

Our legal team at Chaikin, Sherman, Cammarata & Siegel, P.C. has been serving the injured and the wronged throughout the DC Metro Area for more than 45 years. Our lawyers are readily available to help any women and families who believe they might have been affected by the laboratory error when they were tested for Zika, and we are prepared to leverage our extensive experience to help victims pursue justice and financial compensation for their losses following the lab’s failures. We serve residents throughout the region from office locations in Maryland, Virginia, and Washington, DC.

Request a FREE and confidential consultation by calling: (202) 659-8600.

Read more about the DC blood lab Zika error on our blog:

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