Monday, December 2, 2013

Hospital Lab Tech Gets 39 Years for Infecting Patients With Hepatitis

NH Hospital Worker Gets 39 Years in Hepatitis Case
Associated Press
December 2, 2013 (AP)

A traveling medical technician who stole painkillers and infected dozens of patients in multiple states with hepatitis C through tainted syringes was sentenced Monday to 39 years in prison.

"I don't blame the families for hating me," David Kwiatkowski said after hearing about 20 statements from people he infected and their relatives. "I hate myself."

Kwiatkowski, 34, was a cardiac technologist in 18 hospitals in seven states before being hired at New Hampshire's Exeter Hospital in 2011. He had moved from job to job despite being fired at least four times over allegations of drug use and theft. Since his arrest last year, 46 people have been diagnosed with the same strain of hepatitis C he carries.

U.S. Attorney John Kacavas said the sentence "ensures that this serial infector no longer is in a position to do harm to innocent and vulnerable people."

Kwiatkowski admitted stealing painkillers and replacing them with saline-filled syringes tainted with his blood. He pleaded guilty in August to 16 federal drug charges.

Before he was sentenced, Kwiatkowski stood and faced his victims, saying he was very sorry and that his crimes were caused by an addiction to painkillers and alcohol. He told investigators he had been stealing drugs since at least 2003 and swapping syringes since at least 2008.

"There's no excuse for what I've done," he said. "I know the pain and suffering I have caused."

Prosecutors asked for a 40-year sentence. Judge Joseph Laplante said he cut the last year as a reminder that some people have the capacity for mercy and compassion.

"It's important for you to recognize and remember as you spend the next 39 years in prison to focus on the one year you didn't get and try to develop that capacity in yourself," Laplante said.

The victims spoke angrily and tearfully of the pain that Kwiatkowski had inflicted by giving them hepatitis C, a blood-borne virus that can cause liver disease and chronic health problems. Authorities say the disease played a role in one woman's death.

"You may only be facing drug charges, but make no mistake, you are a serial killer," said Kathleen Murray of Elmira, N.Y., whose mother was infected in Baltimore and was too ill to travel to New Hampshire for the sentencing.

Linda Ficken, 71, said she is haunted by the memory of Kwiatkowski standing at her hospital bedside in Kansas for more than an hour applying pressure to the catheter's entry site in her leg to control bleeding.

"On one hand, you were saving my life, and on the other hand, your acts are a death sentence for me," Ficken, of Andover, Kan., told him. "Do I thank you for what you did to help me? Do I despise you for what your actions did and will continue to do for the rest of my life? Or do I simply just feel sorry for you being the pathetic individual you are?"

Prosecutors said Kwiatkowski deserved 40 years for creating a "national public health crisis," putting a significant number of people at risk and caused substantial physical and emotional harm to a large number of victims.

Assistant U.S. Attorney John Farley called Kwiatkowski's actions "exceedingly callous" and "unbelievably cruel" and noted that Kwiatkowski could've stolen painkillers without exposing his patients to hepatitis C.

Defense lawyers argued that a 30-year sentence would better balance the seriousness of the crimes against Kwiatkowski's mental and emotional problems and his addiction to drugs and alcohol, which they said clouded his judgment.

Hospital Lab Tech Gets 39 Years for Infecting Patients With Hepatitis
Dec. 2, 2013
ABC News

A New Hampshire hospital lab technician who pleaded guilty in August to infecting at least 46 people with hepatitis C was sentenced today to 39 years in prison.

David Kwiatkowski, 34, a former lab technician at Exeter Hospital, admitted to stealing syringes of the anesthetic fentanyl intended for patients, injecting his own arm and then refilling those empty syringes with saline, according to the United States Attorney's Office in New Hampshire.

Read about Kwiatkowski's indictment.

Kwiatkowski pleaded guilty in August exchange for a lighter prison sentence, according to the plea agreement obtained by

Kwiatkowski tested positive for hepatitis C in June 2010, and passed the infection on to the hospital patients who were injected with his used, saline-filled syringes, according to the plea agreement. At least one patient he treated died in Kansas, and a coroner determined hepatitis C played a role in that death.

According to the plea agreement, Kwiatkowski had been fired or forced to quit for stealing and replacing syringes at least as far back 2008, but he would simply move on to the next hospital.

For example, the University of Pittsburgh Medical Center fired Kwiatkowski in May 2008 after an employee saw him take a fentanyl syringe from the operating room, and he was later found with three empty syringes on his person, according to the plea agreement.

Less than two weeks after that, Kwiatkowski got a job at the VA Medical Center in Baltimore. A patient who received care from him on May 27, 2008, at the Baltimore hospital later tested positive for the same strain of hepatitis C that Kwiatkowski has.

"If he knew that he was infected and he put those needles back on the shelf, that is the definition of evil," Dr. Richard Besser, ABC News' chief health and medical editor, told "Good Morning America" last summer. "Anyone who was in those hospitals when he was working there is potentially at risk. We're talking tens of thousands of people."

Hepatitis C is a liver disease that can last a few weeks or for the rest of a patient's life, according to the Centers for Disease Control and Prevention. The virus is spread through blood, and there is no vaccine. Symptoms include vomiting, abdominal pain and jaundice.

Read about the thousands of patients who needed to be tested for hepatitis C.

The Associated Press contributed to this report

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