BER-L-009265-18 12/28/2018 8:38:06 PM Pg 1 of 11 Trans ID: LCV20182245020

Michael J. Maggiano, Esquire - Attorney ID 014581 974
Maggiano, DiGirolam o &. Lizz  P C
201 Columbia Avenue
Fod Lee, New Jersey 07024
(20 I )5 8s -9   I I I (201)292-81 45 fäx
Attorneys for Plaintiff Class
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)

LAUREN MARRERO & JULIO
C. MARRERO

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Plaintiffs

v

HEALTHPLUS SURGERY CENTER, LLC,

Defendant

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION
BERGEN COUNTY
DOCKET NO

Civil Action

COMPLAINT
AND JURY DEMAND
(Class Action)

Plaintiffs Lauren Marrero & Julio C. Marrero, r'esiding at 40 Bailey Avenue, in the Borough
of Bloomingdale, County of Passaic, State of New Jersey, bring this action on behalf of themselves

and on behalf of a class of all similarly situated persons, by way of this Complaint against
Defendant lfealthPlus Surgery Center, LLC and say:

JURISDICTION AND PARTIBS

1.

At all times relevant, the Plaintiffs, Lauren Marrero and Julio C. Manero, were and

continue to be residents of the County of Passaic, State of New Jersey.

2.

Plaintiff Julio C. Marrero is the spouse of Lauren Marrero.

3.

Defendant HealthPlus Surgery Center,

LLC (hereinafter

referred

to

as

"HealthPlus") is incorporated in the State of New Jersey. HealthPlus maintains its principal offices

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and carlies on regular business in Bergen County, Neu'Jersey. IlealthPlus Surgery Center,

LLC

operates an ambulatory surgery center located at 190 Midland Ave, Saddle Brook, NJ 07663.

4.

HealthPlus Surgery Center, LLC provided medical treatment through its agents,

servants and/or employees to Lauren Marrero between January

5.

I,2078 and September 7 ,2078.

The Plaintiffs bring this Class Action on behalf of all persons who received medical

care and treatment at HealthPlus Surgery Center,

LLC between January 1,2018 and September

7,

2018, and their spouses.

6.

Personal jurisdiction is appropriate over the Defendants because they have their

corporate headquarters in Bergen County, New Jersey, and as indicated above, caffy ol1 a regular
business

in Bergen County, New Jersey where the tortious and other conduct complained of

occurred.

7.

Additionally, jurisdiction is appropriate over the Defendants because greater than

two-thirds of the members of the proposed Claimants'Class are citizens ofthe State ofNew Jersey.

FACTS COMMON TO AI,I, COIINTS

8.

On or about December 26,2018, the Defendant HealthPlus released a statement

disclosing that on September 7,2018, the New Jersey Department of Health closed the HealthPlus
Surgery Center because some members of its staff "were not following proper sterile processing
procedures and failed to comply with other regulations regarding the dispensing and storage

of

rnedication, as well as infection control planning and procedures."l

9.

The statement further revealed that an investigation by the New Jersey Department

of Health found that during the time period of

January 7,2018 and September 7,2078,

I Statement by HealthPlus Surgery Center Administrator Befly McCABE on Possible Patient Exposure to
Bloodborne Pathogens, dated December 26, Available:
https://www.prweb.com/releases/staternent_by_healthplus_surgery_center_adlninistrator betty_rnccabe_on3ossibl
e_patient_exposure_to_bloodbornejathogen s/prweb I 600683 7.httn
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"deficiencies in infection control in both our sterilization/cleaning of instruments and the injection
of medications may have exposed patients to blood borne pathogens (diseases in people's blood),
such as hepatitis B, hepatitis C, and human immunodeficiency virus

10.

(l{lV)."2

On information and belief, the Defendant HealthPlus additionally issued notices to

an estimated 3,700 former patients, advising that "lapses in infection control

in

sterilization/cleaning instruments and the injection of medications may have exposed patients to
bloodborne pathogens (diseases in people's blood), such as hepatitis B, hepatitis C, and human
immunodeficiency virus (I{lV).- t
I

1.

o

HIV can lead to acquired immunodeficiency syndrome ("AIDS"), if not treated.

Once infected by the HIV virus, the human body cannot get rid of the virus completely, even with
treatment. HIV attacks the body's immune system, specif,rcally the CD4 cells (T cells), which help
the immune system fight off infections. Untreated, HIV reduces the number of CD4 cells (T cells)

in the body, making the person more likely to get other infections or infection-related cancers.
Over time, HiV can destroy so many of these cells that the body cannot fight off infections and
s

disease.

12.

Hepatitis is an inflammation of the liver. Hepatitis Type

B commonly

occurs

througli contact with infected blood, semen or other bodily fluid through sex, sharing needles or
other drug-injection equiprnent or from mother to baby at birth. Hepatitis type C is a blood-borne

2

Id.
Letter patients of HealthPlus Surgery Center, obtained by NBC News, ht.1¡:"1¡1ç{¿¡ l¡-nllr'¡r,'\r'q ,-,r
d
z- crcalivci l lcelthPltr ç l)lr t i¡-rrt\l¡rl i¿'.. I i'l1,'r¡r¡rI I l] [ r't'1i'rì1,-1r¡ I   )¡,r':1 îll I I

3

¡rr

I

and attached as

Exhibit l.
"More than 3,000 patients at New Jersey surgery center possibly exposed to IllV, hepatitis." Kalhan Rosenblatt,
()- nal ienl s-ncu,- i clscr,-su luer'\'-cctìtei - n(tss i [r i NBC News. lltt ns:,', ri u'ri n llçr'ìc\\ s.rtont:'r1cu's.,'Lts-lìett's:'llt ot c
a

]

-

cxposecl-rt!15I 79

I

National Institute of Allergy and Infectious Diseases, HIV Page, https://www.niaid.nih.gov/diseasesconditions/hivaids
5

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virus that is largely spread by exposure to infected needles or other drug injection equipment.
Chronic infection with these viruses can lead to cirrhosis of the liver, end-stage liver disease, and

liver

cancer.6

13. As a result of these failures, individuals who sought rnedical

treatment at

HealthPlus, as well as their spouses, with whom they have been in close physical and sexual
contact, were exposed to harmful and potentially fatal viruses, including but not limited to HIV,

hepatitis B, and hepatitis

C. The Plaintiffs

and others sirnilarly situated now live in fear of their

exposure to these potentially fatal viruses.

CLASS ACTION ALLEGATIONS

14.

The class represented by Plaintiffs in this action and of which Plaintiffs

are

members consists of all persons who received medical care and treatment between January 1, 2018
and September 7,2018 at Defendant HealthPlus Surgery Center, LLC, and their spouses.

i5.

On information and belief, it is alleged that the number of members of the Class is

in excess of 3,700 members, and therefore, are so numerous that joinder is impracticable.

16.

There are coiltmon questions of law and fact in this action which are not only

common to the Class, but which predominate over any question affecting only individuals. The
predominating questions include, but are not limited to:

a.

Whether HealthPlus Surgery Center,
administration

LLC was negligent in

the

of medical treatment, to include in the sterilization of

medical equipment, tools and/or instrumentation, and/or in the dispensing
and storage of medication; and

6

National Institute of Allergy and Infectious Diseases, Hepatitis Page, https://www.niaid.nih.gov/diseasesconditions/hepatitis

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 BER-L-009265-18 12/28/2018 8:38:06 PM Pg 5 of 11 Trans ID: LCV20182245020

b.

Whether HealthPlus Surgery Center, LLC was negligent in the hiring,

training, formulation

of protocols and

procedures, monitoring, and/or

supervision, of their agents, servants, and/or employees with respect to the
dispensing and storage of medication, stelilization of medical equipment,
tools and/or instrumentation, and infection control planning and procedures.

17.

The claims or defenses of the Plaintiffs are typical of the claims or defenses of the

18.

The named Plaintiffs are represented parties for the class and are able to, and will,

class.

fairly and adequately represent and protect the rights and interests ofthe class.

19.

This action is properly maintained as a class action pursuant to R. 4:32-1(a) and R.

a:32-l(b)(1), (2) and (3).

20.

The maintenance of this action as a class action is superior to other available

methods of adjudication in promoting the convenient administration ofjustice in achieving a fair
and efhcient adjudication of the controversy in this matter because:

(a)

the prosecution of separate actions by or against individual members of the class

would create a risk of:

(i)

inconsistent or varying adjudications with respect to individual members of

the class that would confront the defendants with incompatible standards of conduct
because similarly situated plaintiffs would be treated differently, and

(ii)

adjudications with respect to individual members of the class that would, as

a practical matter, be dispositive of the interests

of other members of the class not

parties to the adjudication, or would substantially impair or impede their ability to

protect their interests;

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(b)

the action is rnanageable as a class action;

(c)

in view of the complexity of the issues and the expense of litigation, the separate

claims of the individual class members may be insufficient in amount to support the
prosecution of separate actions;

(d)

it is probable that the amount which may be recovered by individual class members

will be large enough in relation to the expense

justif' a

and effort of administering this action to

class action because the class members

will benefit through

monetary

compensation as well as a declaratory relief and;

(e)

the members of the class do not have a significant interest in controlling the

prosecution or defense

of

separate actions involving the subject matter

because there are common legal issues and the benefit

of this action

to the class members would

be

consistent among the class members.

COUNT ONE
(Patient's Claim for Negligence)

21.

The Plaintiffs incorporate in this Count those facts set forth hereinabove by

reference thereto intending that each and every allegation hereinabove be deemed part hereof as if
the same were repeated herein.

22.

The Defendant HealthPlus is responsible to assure and maintain the safety of all

patients who received treatment fi'om their agents, apparent agents, servants, and/or employees.

23.

It is alleged that HealthPlus, through its agents, servants and employees, owed to

the Plaintiffs and others similarly situated a duty to exercise a deglee of care, skill and judgment
expected of a competent medical corporation acting in the same or similar circumstances, which

duty included the performance of adequate and proper inspection and maintenance of sterilization
equipment, proper sterilization of tools, and proper supervision and oversight of staff responsible
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the sterilization of medical tools and equipment, such that Plaintifß' can undergo medical
procedures and surgery without the risk of contracting blood pathogens, including but not lirnited

to HIV, I-lepatitis B and Hepatitis C.

24.

Between January 1,2018 and September 7 ,2018, the Defendants had a duty under

applicable standards of medical practice and common law to properly investigate, credential,

qualify, select, monitor', supervise, and retain only

latful

and competent staff who act in

accordance with the standards of care.

25.

Between January I,2018 and September 7,2018, the Defendants had a duty under

applicable standards of medical practice and common law to promulgate proper and effective
standards, procedures, protocols, systems and rules to ensure quality care, safety, privacy and

law{ul care of their patients.

26.

It is alleged that

these Defendant knew or should have known that the sterilization

procedures at their facility were insufficient and posed a substantial risk of harrn to the Plaintiffs
and others similarly situated between January 1,2018 and September

27.
negligent

7

, 2018.

The Defendant l{ealthPlus, through its agents, servants and/or employees, was

in that it failed to

adequately and properly inspect and rnaintain

its sterilization

equipment, conduct the proper sterilization of tools, and properly supervise and oversee staff
responsible the sterilization of medical tools and equipment, and were otherwise negligence.

28.

The Defendant breached its common law duties and the applicable standards of

medical practice on an ongoing basis by negligently failing to investigate, credential, quali$,
select, monitor and supervise its medical personnel and staff to perform adequate sterilization.

29.

The Defendant breached its common law duties and the applicable standards of

medical practice olt an ongoing basis by negligently failing to promulgate proper and effective

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standards, procedures, protocols, systems and rules to ensure quality care, safety, privacy and

lawful care of their patients.

30.

The Defbndant's continuing breaches of cotnmon law and the applicable standards

of medical care constituted negligence, gross negligence, carelessness,

recklessness and wanton

misconduct -- on a continuing basis.

31. As a direct and proximate

result

of the aforementioned

negligence and the

Defendant's ongoing breaches of the common law and violations of the standards of care, the

Plaintiff class members who received medical care at the Defendant's facility, and others similarly
situated, were exposed to dangerous pathogens through inadequately sterilized medical equipment,

and have suffered and continue to suffer physical pain, emotional anguish, distress, fear, anxiety,

humiliation, embarrassment and other physical and emotional injuries and damages (both
economic and non-economic), as well as permanent disability, in the past, present, and future.

32.

The Plaintiffs refer to the negligence of the Defendant as the sole and proximate

cause of the injuries, damages and permanent disability

of the Plaintiffs, and others similarly

situated, with the Plaintiffs, and others similarly situated, being in no way contributorily negligent.

33.

As a direct, proximate, immediate and foreseeable result of the Defendant's

conduct, the Plaintiffs, and others similarly situated, have and/or

will suffer permanent economic

and non-economic damages including but not limited to:

(a)

Great indignity, humiliation, shame, mortification, and other injuries to their

physical, rnental, emotional and nervous systems;

(b)

Severe mental anguish and psychological distress;

(c)

The past, present and future cost of medical care, including but not limited to

therapy and psychiatric and/or psychological counseling; and

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(d)

Lost earnings and diminished earnings capacity.

34.

The actions of the Defendants were recklessly indifferentto the rights, health and

safety of the Plaintiffs.

WI{EREFORE, Plaintiffs demand judgment against the Defendants for compensatory
damages, punitive damages, interest, attorney's fees, costs

of suit and such other relief that the

Court deems just and equitable.

T\vO
CO
(Spousal Claim for Neslieence)

35.

Plaintifß incorporate in this Count those facts set forth hereinabove by reference

thereto intending that each and every allegation hereinabove be deemed part hereof as if the same
were repeated herein.

36.

Plaintiff Julio C. Manero is the spouse of Plaintiff Lauren Manero.

37.

As a result of the Defendant's aforesaid negligence, the Plaintiff Julio Manero, and

other similarly situated spouses, have been exposed to dangerous pathogens through close physical

and/or sexual contact with their spouses, who were exposed to these pathogens during their
treatment at the Defendant HealthPlus facilily.

38.

The Plaintiffs refer to the negligence of the Defendant as the sole and proximate

cause of the injuries, damages and permanent disability of the Plaintiffs, and others similarly
situated, with the Plaintiffs, and others similarly situated, being in no way contributorily negligent.

39. As a direct, proximate,

immediate and foreseeable result

conduct, the Plaintiffs, and others similarly situated, have and/or

of the Defendant's

will suffer permanent economic

and non-economic damages including but not limited to:

(a)

Great indignity, humiliation, shame, mortification, and other injuries

physical, mental, emotional and nervous systems;
9

to their

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(b)

Severe mental anguish and psychological distress;

(c)

The past, present and future cost of medical care, including but not limited to

therapy and psychiatric and/or psychological counseling; and

(d)

Lost earnings and diminished earnings capacity.

WHEREFORE, these Plaintiffs demand judgment against the Defendants for
compensatory damages, interest, attorney's fees, costs of suit and such other relief that the Court
deems

just and equitable.

COUNT THREE
(Loss of Societv. Consortium. Comnanionship and Services)

40.

Plaintiffs incorporate in this Count those facts set forth hereinabove by reference

thereto intending that each and every allegation hereinabove be deemed part hereof as if the same
were lepeated herein.

41.

Plaintiffs and others similarly situated, as a direct and proximate result of the

aforesaid negligence, have suffered emotional distress and have been deprived of the society,
consortium, companionship and services of their spouses.

WHEREFORE, these Plaintiffs demand judgment against the Defendants for
compensatory damages, interest, attorney's fees, costs of suit and such other relief that the Court
deems

just and equitable.

DBSIGNATION OF TRIAL COUNSEL
Pursuant to R. 4:25-4, Michael J. Maggiano, Esquire is hereby designated as trial counsel

in the within matter

DEMAND FOR JURY TRIAL
Plaintiffs hereby demand

a

trial by jury as to all issues so triable

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CERTIFICATION UNDBR RULE 4:5-I
I, Michael J. Maggiano, Esquire, hereby certify, pursuant to New Jersey Court Rule 4:51, that

to the best of my knowledge, the claims raised herein are not the subject of any other

action pending in any Court or the subject of any arbitration proceeding, and no such other action
or arbitration is contemplated.

I certifu that the foregoing

statements made by me are true to my personal knowledge.

I

am aware that if any of the foregoing statements made by me are willfully false, I am subject to
punishment for perjury.

Maggiano, DiGirolamo & Ltzzi,PC
Attorneys.for Plaintffi

(

By
J. Maggiano, Esquire

Dated:

þ

a

) )-ú1

g

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Civil Case Information Statement
Case Details: BERGEN   Civil Part Docket# L-009265-18
Case Caption: MARRERO LAUREN VS HEALTHPLUS

Case Type: TORT-OTHER

SURGERY C ENTER, LL

Document Type: Complaint with Jury Demand

Case Initiation Date: 12/28/2018

Jury Demand: YES - 6 JURORS

Attorney Name: MICHAEL J MAGGIANO

Hurricane Sandy related? NO

Firm Name: MAGGIANO DIGIROLAMO & LIZZI PC

Is this a professional malpractice case? NO

Address: 201 COLUMBIA AVE

Related cases pending: NO

FORT LEE NJ 07024

If yes, list docket numbers:

Phone:

Do you anticipate adding any parties (arising out of same

Name of Party: PLAINTIFF : Marrero, Lauren

transaction or occurrence)? NO

Name of Defendant’s Primary Insurance Company
(if known): Unknown

THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION

Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Class Action matter related to treatment at Healthplus Surgery Center
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:

Will an interpreter be needed? NO
If yes, for what language:

I certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
12/28/2018
Dated

/s/ MICHAEL J MAGGIANO
Signed