Portercare Adventist Health System instrument sterilization $6.5M class action settlement

PorterCare Adventist Health System, Centura Health Corp. and Porter Adventist Hospital have agreed to a $6.5 million class action lawsuit settlement to resolve claims they failed to adequately sterilize surgical instruments.

The settlement benefits all patients who underwent orthopedic or spinal surgery at Porter Adventist Hospital in Denver, Colorado, between July 21, 2016, and April 5, 2018, and either received a written notice from Porter dated April 4, 2018, or April 6, 2018, or who learned of the sterilization problems at Porter and subsequently underwent blood testing for bloodborne pathogens for which the results were negative.

The plaintiffs in the lawsuit argued the companies failed to adequately sterilize surgical instruments, failed to inform the public and medical professionals of this sterilization problem and then unjustly profited from the surgeries it provided while using inadequately sterilized instruments. 

The defendants denied the allegations and settled before the court made any decision in the matter.

Portercare Adventist Health System is a general medical and surgical hospital services group that runs a hospital in Denver — Porter Adventist Hospital — with more than 26,200 admissions in 2022.

Under the settlement, approximately 3,000 patients will receive compensation. 

The settlement fund will be distributed equally on a pro-rata basis to each eligible class member. It is estimated each class member will receive approximately $1,250.

Class members who received a settlement notice sent June 6, 2023, and who meet the qualification criteria and wish to participate in the settlement must send certain information to the settlement administrator. 

That information includes the class member’s name, address and telephone number; a copy of their medical records, or other qualifying evidence, showing the class member underwent blood testing for bloodborne pathogens (e.g., hepatitis B, hepatitis C and HIV) between April 5, 2018, and Oct. 5, 2018, and that the test results were negative; and the case name and number.

A final fairness hearing in the class action settlement will be held Sept. 14, 2023.

The deadline to opt out of or object to the settlement is July 7, 2023

Who’s Eligible

The settlement benefits all patients who underwent orthopedic or spinal surgery at Porter Adventist Hospital in Denver, Colorado, between July 21, 2016, and April 5, 2018, and either received a written notice from Porter dated April 4, 2018, or April 6, 2018, or who learned of the sterilization problems at Porter and subsequently underwent blood testing for bloodborne pathogens for which the results were negative.

Potential Award

$1,250 (estimated)

Proof of Purchase

No proof of purchase is applicable. However, the class member must submit their name, address and telephone number; a copy of their medical records, or other qualifying evidence, showing the class member underwent blood testing for bloodborne pathogens (e.g., hepatitis B, hepatitis C and HIV) between April 5, 2018, and Oct. 5, 2018, and that the test results were negative; and the case name and number.

Opt Out Deadline

07/07/23

Case Name

Sterner, et al. v. Portercare Adventist Health System, et al., Case No. 18-cv-34766, in the District Court, City and County of Denver, State of Colorado.

Final Hearing

09/14/2023

Settlement Website

SternervPortercareHealth.com

Claims Administrator

Sterner v Portercare Adventist Health System
Settlement Administrator
P.O. Box 6635
Portland, OR 97228-6635

Class Counsel

Daniel A Sloane
David S Woodruff
Megan K Matthews
WAHLBERG WOODRUFF NIMMO & SLOANE LLP

Joseph Zonies
Greg Bentley
ZONIES LAW LLC

Defense Counsel

Traci L Van Pelt 
MCCONNELL VAN PELT LLC

Michele O Choe 
WHEELER TRIGG O’DONNELL LLP