Brain Damage Lawsuit Filed Over Contaminated Alcohol Prep Pads

A Washington state family has filed a product liability lawsuit against the makers of Triad alcohol wipes and prep pads, alleging that bacteria contained on their products caused their son to suffer brain damage after birth, resulting in a diagnosis of cerebral palsy. 

The infant brain damage lawsuit was filed by Aaron and Tracey Massey, alleging that their son, Myles, contracted a Bacillus cereus bacterial infection from Triad wipes. As a result, Myles suffered severe brain damage that has left him unable to talk, walk or eat. He must be fed through a stomach tube for the rest of his life.

The case was originally filed as a cerebral palsy malpractice lawsuit against Evergreen Hospital Medical Center in December 2009, but was recently amended to include allegations involving problems from the Triad alcohol prep pads, which were recalled earlier this year due to contamination with Bacillus cereus bacteria.

Myles and his twin brother Henry were born at Evergreen Hospital Medical Center in September 2007. Both boys were premature and placed in the neonatal intensive care unit, but only Myles suffered the infection.

Cerebral palsy is chronic motor disability that is caused by brain damage sustained by a baby before, during or immediately after birth. It is commonly associated with seizures, sensory impairments and cognitive limitations, and once the damage to the child’s brain has been sustained, there is no cure for cerebral palsy.

For years, experts from the hospital, the U.S. Centers for Disease Control and Prevention (CDC) and others were mystified by the source of the bacterial infection that struck Myles. It was not until several months ago, when a Triad alcohol prep pads and wipes recall was announced, that investigators went back and discovered that Myles was exposed to Triad-manufactured wipes.

According to the Triad alcohol prep pad lawsuit, the Bacillus cereus strain that liquefied portions of Myles’ brain is the same strain found on Triad wipes. However, there is no direct evidence that the wipes used on the newborn were contaminated.

The recalled Triad wipes, prep pads and swabs were commonly used in hospitals and packaged with a number of medications. They were also sold under variety of other labels, including CVS, Walgreens and Cardinal Health.

The Massey lawsuit is one of several claims filed against the manufacturer of the alcohol prep pads filed by plaintiffs throughout the United States. The FDA has received at least of eight reports from doctors and patients involving deaths from Triad wipes, 11 reports of Triad wipe infections and more then 250 other problems associated with the products.