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Hepatitis patient sues state over slow warning

BY MICHAEL AMON | michael.amon@newsday.com

January 31, 2008

A North Massapequa woman who says she contracted hepatitis C as a patient of Dr. Harvey Finkelstein is suing the state for failing to quickly notify patients of their risk for blood-borne diseases.

The claim, filed Tuesday in the New York State Court of Claims by attorneys for Susan Lewis, 51, asks for $10.5 million in damages. It is the first legal action taken against the state since it came under criticism for waiting 34 months to inform all of Finkelstein's patients that he reused syringes.

Lewis was among more than 8,500 patients urged by the state Department of Health to get tested in November and December. The state learned of the infection control lapses in January 2005, and critics questioned why the department did not inform patients then.

The suit says the state Department of Health was "negligent" for "failing to take steps to warn" Finkelstein's patients. The department should have used subpoena power to force the physician to turn over records, the claim says.

Lewis, who works for the Farmingdale schools, received pain injections for torn cartilage in her chest from 2002 to 2004 at Finkelstein's office, Pain Care of Long Island, in Plainview.

She was not notified of her risk by the state last November but decided to get tested by her private doctor after seeing media reports on Finkelstein.

Though her strain of the disease has not been genetically linked to other patients, Lewis said her doctor believes she has no risk factors besides Finkelstein's injections.

"It's sickening. I don't know what I'm in for," said Lewis, who said over the last two years she has experienced unexplained symptoms including weight loss, itchiness, bruising and nausea.

Lewis' attorney, Andre Ferenzo of Garden City, said the nearly three-year delay prevented his client from getting diagnosed earlier and receiving medical treatment.

Attorneys for Finkelstein did not return phone calls seeking comment. A Health Department spokeswoman referred questions to the attorney general's office, which will defend against the suit. A spokesman said the response will be filed in court.