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Occupationally Acquired CoInfection of HIV and Hepatitis C
Health Care Worker Liability
and Legal Vulnerability
Lisa M. Black RN, BSN
Director at Large
Nevada Nurses Association
Statistics
American healthcare workers sustain
approximately 590,000 needlestick injuries
EVERY YEAR:

12,000 of these
injuries expose the
worker to HIV...the
virus that causes
AIDS
FDA SAFETY ALERT:
Needlestick and Other Risks from Hypodermic Needles on
Secondary I.V. Administration Sets -- Piggyback and
Intermittent I.V.
April 16, 1992
Dear Colleague:
This is to alert you to the risk of needlestick injuries from
the use of hypodermic needles as a connection between
two pieces of intravenous (I.V.) equipment . . . . . .
California Assembly Bill 1208

In 1998, California nurses were the first to
win legislative protection from needlestick
injuries
Federal Legislation
Legislation modeled after the
California Law was
introduced into the United
States Congress June 2000
Historic Nationwide Needlestick Prevention Legislation
was signed into law on November 6, 2000
Components of United States
Needlestick Legislation
Engineered Sharps
Injury Prevention
Technology
Needlestick Injury Log
Involves bedside
employees in device
selection
Cost

HIV treatment cost
$3,000 USD per month

Hepatitis C treatment
$2,000 USD per month

Lost wages
$
Emotional/ Psychological impact is devastating
Workers Compensation
 Governed and defined
by state law
 Employees are eligible
to receive benefits
without proving
employer fault
 This protection
insulates employers
from liability
Exclusive Remedy Provision
 Precludes employees
from bringing private
suit for occupational
disease or injury
 Provides little legal
incentive for
healthcare institutions
to purchase safer
equipment
Occupational Illness??
Conflicting decisions
have resulted when
the courts have
been left to decide if
a bloodborne illness
meets the definition
of a occupational
disease
Product Liability
Many injured healthcare
workers have brought suit
against the manufacturer
of the device they were
using at the time of their
injury
Presumptive Eligibility
History of contact with a
potentially infectious clientele
is sufficient proof that a blood
borne illness originated in the
workplace
Financial coverage is VITAL
“Each of us is but one
personal tragedy away
from becoming politically
active”
Nevada Assembly Bill 279
Will Create a statutory presumption
of occupational transmission if a
healthcare worker is infected with a
blood borne disease
Assemblywoman
Sheila Leslie
Signed by Governor
Kenny Guinn on
May 28, 2001
Effective October 1, 2001
Don’t let stories such as
mine be repeated in your
facility
HIV
HIV HBV HCV
HIV
HIV
HCV
HIV HCV
HCV