Brigette Honaker  |  June 23, 2020

Category: Covid-19

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COVID-19 test results swabs

Four nurses recently took legal action against a Georgia hospital, claiming that the healthcare provider falsified COVID-19 test results.

According to the anonymous nurses, Landmark Hospital of Athens, Georgia intentionally obtained “false negative” test results for patients who had previously tested positive for COVID-19. The plaintiffs argue that these falsified COVID-19 test results allowed the hospital to discharge patients and cover up their failure to properly test COVID-19 infected individuals.

The nurses explain that the Centers for Disease Control and Prevention (CDC) has outlined specific testing procedures for healthcare professionals to follow when testing for COVID-19.

Specimens for testing are supposed to be taken from a patient’s upper respiratory tract in the form of nasopharyngeal swabs, or from a patient’s lower respiratory tract in the form of tracheal aspirate or sputum samples. The CDC notes that failure to properly collect a sample for testing could result in false negatives.

Unfortunately, Landmark Hospital allegedly collects improper samples from patients for the sole purpose of securing false negative results. This reportedly allows Landmark to avoid any positive cases in their hospital.

The nurses’ recent COVID-19 test results lawsuit claims that the hospital intentionally violated CDC guidelines when testing. Specifically, the hospital allegedly collected tracheal aspirate tests with improper equipment and passed it off as nasal swabs.

“Landmark administrators collected the tracheal specimens from patients, swabbed this specimen using a nasal swab and then submitted it to the laboratory at Piedmont Athens for testing, under the guise that it had been taken appropriately,” the nurses argue in their COVID-19 test results lawsuit.

According to the nurses, if a patient had a test done properly and yielded a positive result, the hospital would then repeat the test incorrectly, securing a negative result. Allegedly, the first, positive result would be deemed a “false positive.”

“Landmark fabricated negative results so as to continue to be able to discharge patients to make space for new admissions and avoid the negative publicity and oversight that would result if the positive COVID-19 results were disclosed,” the COVID-19 test results lawsuit states.

The nurses argue that the false negative COVID-19 test results scheme placed patients at risk for not getting the care they needed, along with putting healthcare professionals at risk because they lacked the knowledge or equipment to protect themselves from infection.

Landmark Hospital allegedly continued to falsify COVID-19 test results despite nurses and other medical staff voicing their concerns to the administration. Unfortunately, these cries for justice were reportedly ignored. Once the nurse plaintiffs and other staff started to question Landmark’s testing procedures, the hospital allegedly removed all lab requisition orders from patient charts in an attempt to cover their tracks.

In fact, nurses were reportedly barred from administering COVID-19 tests. Instead, all tests were allegedly conducted by a single administrator. One nurse claims she was fired for properly performing a COVID-19 test that resulted in a positive result.

COVID-19 tests resultThe nurses note that Landmark Hospital accepted $600,000 in relief under the Coronavirus Aid, Relief, and Economic Security (CARES) Act – the receipt of which hinged upon Landmark following CDC testing guidelines.

The hospital allegedly failed to follow these guidelines in their false COVID-19 test results scheme, but continued to greedily accept federal aid.

“This is based on greed,” one of the nurse plaintiffs told Georgia Health News. “It’s not about the patients. It’s not about the staff — we’re not afraid of COVID-19, but we don’t want to spread it to other patients. We want to isolate and treat it appropriately.”

Marie Saylor, the CEO of Landmark Hospital, told Daily Mail that they would “vigorously investigate allegations and defend our hospital and its staff against misleading and false claims.”

“We have always made the safety and well-being of our patients and staff our top priority, and continue to do so as we manage the local impact of the COVID-19 pandemic,” Saylor continued in her statement.

The plaintiffs seek relief in the form of special damages and punitive damages. The nurses also seek injunctive relief preventing the hospital from further falsified COVID-19 test results and prohibiting Landmark from receiving, discharging or transferring patients.

Have you received COVID-19 test results? Are you concerned about their accuracy? Share your thoughts in the comments section below.

The plaintiffs are represented by Natalie S. Woodward and Brian H. Cathey of Shamp Jordan Woodward.

The Georgia Nurse False COVID-19 Test Results Lawsuit is Jane Doe 1, et al. v. Landmark Hospital of Athens LLC, Case No. 20-A-04131-3, in the Superior Court of Gwinnett County in the State of Georgia.

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