Four years after thousands of patients were accidentally exposed to hydraulic fluid, Duke Health has settled a lawsuit involving an undisclosed number of people.

This news comes as another lawsuit is filed.

This all started in 2004 when more than 3,000 surgical patients were accidentally exposed to the hydraulic fluid. The patients were operated on with instruments cleaned with the fluid taken from mislabeled containers. Duke has said in the past the hydraulic fluid exposure did not lead to higher illness rates.

A statement from HensonFuerst Attorneys and Duke University Health Systems said, "We have resolved and settled without resort to litigation all claims involving HensonFuerst clients against Duke University Health Systems and its constituent hospitals arising out of the hydraulic fluid incident. Specific terms are confidential based on mutual agreement by both parties."

On Tuesday HensonFuerst filed a new complaint on behalf of 67 people against the two companies that contracted with Duke. It alleges corporate negligence, obstruction of justice and unfair and deceptive trade practices.

One section is titled "Cardinal, Steris and Duke University Health Systems, Inc, engage in a cover-up designed to protect themselves at the expense of patient safety."

In a statement, attorney Thomas Henson said, "Our clients are depending on us to hold the remaining defendants, Cardinal Health 200 and Steris Corporation, fully accountable for their conduct in exposing hundreds of patients to extremely dangerous material in a healthcare and operating room setting."

Related Links

1. New Complaint Filed In Hydraulic Fluid Case