Duke Hydraulic Fluid Mishap Statute of Limitations Looms

Sheila Chavis

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Patients who were exposed to hydraulic fluid during surgery at Duke-affiliated medical centers have just a few more months to file a lawsuit before a three-year statute of limitations protects the hospitals and the companies connected with the error. Nearly three years ago, the public was made aware of a mix-up of major proportions at two Duke-affiliated medical centers. In January 2005, Duke Health Raleigh and Durham Regional Hospital sent letters to thousands of patients about a "possible problem." It seems that large containers of hydraulic fluid (for elevators) were mistaken for fluid used to clean surgical instruments. Hydraulic fluid was erroneously used to clean surgical instruments that were used at the medical centers.

Patients of the hospitals who were exposed to surgical tools cleaned in hydraulic fluid are still trying to tie the incident to their mostly autoimmune illnesses despite a Duke-commissioned study that suggests otherwise.

Approximately 3,648 patients were exposed at Duke Health Raleigh and Durham Regional hospitals in late 2004. Of that figure, only one patient filed a lawsuit against Duke. Seven others have sued the elevator company and the medical supply company that contributed to the mix-up.