RALEIGH, W.Va.- A class action lawsuit was filed Thursday in Raleigh County, West Virginia Circuit Court against a clinic that may have exposed patients to HIV, hepatitis B and hepatitis C.

Patients who had a cardiac stress test performed at Raleigh Heart Clinic between March 1, 2012, and March 27, 2015, received a letter earlier this month from the West Virginia Department of Health and Human Resources, indicating they should be tested for the diseases.

Pamela Vines filed the lawsuit seeking damages, punitive damages, declaratory judgements, costs, attorneys’ fees and other relief.

 “We plan to file Freedom of Information Act (FOIA) requests with the DHHR to see what it knows about this clinic and what led to this,” attorney Stephen P. New said.

The FOIA law was enacted in 1967 making it possible for citizens to have the right to request access to records from any federal agency.  

 New said Vines was the first patient to reach out to his office and many others have reached out since. He encourages patients who believe they may have been exposed, whether they received the DHHR letter or not, to contact his office.

“West Virginia recognizes a claim for medical monitoring even when the person has not manifested symptoms yet or just wants to be tested in the future,” New said.

He said roughly 2,300 patients received the March 11 letter, in which Health Commissioner Dr. Rahul Gupta said getting tested for the diseases is a precaution, and it doesn’t appear any exposure was due to clinic practices. Investigators believe patients could have been exposed through injectable medications received at the clinic.

People infected with hepatitis B, hepatitis C and HIV may not have symptoms for years, so Gupta said it is important for patients to get tested even if they do not feel ill. Testing for these patients is available through the Raleigh Heart Clinic, a regular healthcare provider or the local health department.

The Bureau for Public Health, Office of Epidemiology and Prevention Services, Division of Infection Disease of the Centers for Disease Control and Prevention (CDC) and the Beckley-Raleigh County Health Department are assisting with the investigation.

His office has also retained an infectious disease expert who has indicated, upon preliminary review of the cases, that there is merit to this class action suit.

New added, “We continue to investigate this case and these claims for this class of people.”

Holdren writes for the (West Virginia) Register-Herald Reporter.