Did St. Luke's Improper Sterilization Procedures Cause Infections? Class Action Lawsuit Filed

William Berberich, a Missouri man, is suing St. Luke's Hospital after his April 2022 hip replacement surgery went awry. Berberich's class action lawsuit alleges the hospital's negligence in sterilization procedures led to infections, not just for him, but potentially for other patients as well. These allegations come on top of previous concerns raised in 2017 by a whistleblower.

Routine Surgery Turns Serious

Berberich went to St. Luke's for a planned total hip replacement, a common procedure to improve mobility and quality of life. But instead of a smooth recovery, Berberich developed infections and other injuries. The lawsuit blames these complications squarely on St. Luke's, alleging they "failed to adhere to proper sterilization procedures."

Adding insult to injury, Berberich says neither he nor other patients were ever informed by the hospital that their infections might be due to contaminated surgical instruments. It wasn't until media reports surfaced in October 2023 that Berberich learned about potential breaches in St. Luke's sterilization protocols.

Echoes of a Whistleblower's Claims

Berberich's lawsuit isn't the first time St. Luke's sterilization practices have come under scrutiny. In October 2017, KMBC News reported on a whistleblower's claims that sterile processing practices at St. Luke's Hospital of Kansas City were out of compliance with regulations and created risks for patients. Elizabeth J. Bell, a former sterile processing manager, alleged the hospital:

• Refused to remove damaged or rusted surgical instruments.
• Continued using custom-made surgical instruments not FDA-approved.
• Failed to provide a clean and safe environment due to a pest problem in operating rooms.

Bell provided pictures and videos to support her claims, but stated she was fired after reporting these issues.

Taking a Stand for Himself and Others

Berberich isn't letting this go quietly. He's filed this class action lawsuit, seeking to represent himself and potentially other patients who suffered infections in 2022 and 2023 after surgeries at St. Luke's. His lawsuit alleges:

• Faulty Sterilization: The lawsuit claims St. Luke's failed to follow proper procedures, leading to contaminated surgical instruments.

• Infections Galore: This alleged contamination resulted in infections for patients, putting their health at risk.

• Silence from the Hospital: St. Luke's allegedly failed to inform patients about the sterilization issues or the potential causes of their infections.

Seeking Justice and Change

Berberich's lawsuit seeks compensation for the harm caused, including:

• The increased risk of exposure to unsafe sterilization practices.
• Financial charges for procedures that may not have been properly sterilized.
• Out-of-pocket expenses for preventing, detecting, and recovering from infections.
• Lost wages or opportunities due to the infections.
• Future costs associated with managing health problems stemming from the infections.

This lawsuit, coupled with the 2017 whistleblower claims, could have significant consequences for St. Luke's Hospital. If successful, it could result in substantial financial compensation for affected patients. More importantly, it could force St. Luke's to take a hard look at their sterilization practices and implement stricter protocols to ensure patient safety in the future.

Berberich and the proposed class are represented by Gerald Lee Cross Jr. of Cross Law Firm LLC.

The St. Luke’s Hospital class action lawsuit is William Berberich et al v. Saint Luke’s Hospital of Kansas City et al, Case No. 2416-cv10317, in the Circuit Court of Jackson County, Missouri, Sixteenth Judicial Circuit.