Infection Lawsuit Over Nurse Assist Sterile Saline Contamination Moving Forward With Discovery

Trial is not likely until mid or late 2027, yet lawyers suggest they could reach a settlement agreement prior to going before a jury.

A U.S. District Judge has set key dates that clear the way for a Nurse Assist saline solution infection lawsuit to move forward toward trial by the end of next year, unless the parties reach an agreement to settle or otherwise resolve the claim.

The sterile saline solution infection lawsuit was first filed in late February by Frances M. Wilbers in Georgia Superior Court, but was removed to the U.S. District Court for the Northern District of Georgia in April by the defendants, which include Nurse Assist LLC, multiple Cardinal Health Inc. subsidiaries, Orthodynamix Company Inc., and several unidentified entities.

According to Wilbers, she developed a life-threatening infection after using contaminated Nurse Assist saline solution as part of her wound care routine for the driveline leading to her mechanical heart.

Nurse Assist Sterile Solution Recall

The lawsuit came after the U.S. Food and Drug Administration (FDA) announced a Nurse Assist saline and sterile solution recall in late 2023, indicating that certain products’ packaging seals could break, compromising sterility and exposing the fluids to bacterial contamination.

The agency called for healthcare providers and consumers to stop using and distributing the potentially contaminated products, but for many recovering from surgery and conducting wound care, the recall came too late.

Multiple plaintiffs have come forward to file Nurse Assist infection lawsuits since the recall was announced, each alleging the manufacturer failed to make certain the packaging of supposedly sterile products were properly manufactured.

Wilber’s case has been assigned to U.S. District Judge Thomas W. Thrash, Jr. On May 6, the parties delivered to Judge Thrash a joint preliminary report (PDF) and discovery plan, stating that they were ready to proceed with discovery and prepare the case for trial, while noting that settlement may be possible after discovery is complete. 

Plaintiffs and defendants reported no current hindrances to a possible settlement. However, both sides stopped short of indicating that a deal is on the table or that negotiations are nearing a resolution.

In response, Judge Thrash issued a scheduling order (PDF) on May 11, giving the parties a discovery deadline of March 16, 2027, and requiring that any motions to amend the pleadings be filed by June 8. Motions for summary judgment are due by April 16, 2027, but if no such motion is filed, the parties must submit a Proposed Consolidated Pretrial Order by the same date.

No trial date has yet been announced.

Nurse Assist Infection Lawsuits

Individuals nationwide are continuing to learn that their infections may have been caused by contaminated wound care solutions used during treatment. Those affected continue to file lawsuits against Nurse Assist and other defendants for failing to ensure the sterility of products applied directly to patients’ open wounds.

Product liability lawyers currently offer free consultations and claim evaluations for individuals exposed to the recalled products who experienced problems, including:

• Sepsis or septic shock
• Bloodstream infections
• Respiratory infections
• Organ failure
• Necrosis or serious wound-related infections
• Prolonged hospital stays or additional surgeries

Sign up for more legal news that could affect you or your family.