Nurse Assist SteriCare Lawsuit Alleges Infection From Recalled Saline Solution Caused Amputation

Lawsuit claims that the recalled sterile saline solution caused an infection which resulted in a man’s leg being amputated below the knee.

A New Jersey man has filed a lawsuit alleging he developed gas gangrene and necrotizing fasciitis, leading to the amputation of his right foot, after exposure to a recalled SteriCare saline solution.

The complaint (PDF) was brought by Matthew Juliano in the U.S. District Court for New Jersey on July 18, naming Nurse Assist LLC, AdaptHealth Corp., Tower Three Partners LLC, BPGC Management LP, Spinnaker International LLC and R Investments LLC as the defendants.

The lawsuit comes after a November 2023 recall of Nurse Assist sterile water and saline products, which the U.S. Food and Drug Administration (FDA) warned could become contaminated due to faulty packaging seals that may break and compromise sterility. At the time, the agency issued a safety communication advising healthcare providers and consumers to stop using and distributing the affected products.

However, since the recall, several individuals have filed sterile water and saline recall lawsuits alleging they developed severe, and in some cases life-threatening infections after using the contaminated solutions for wound care and other medical treatments in clinical and home settings.

According to the lawsuit, Juliano suffered a devastating infection after using a recalled saline solution on a foot wound, ultimately leading to the amputation of his right leg.

The complaint states that Juliano was undergoing routine wound care when his partner applied a sterile saline solution manufactured by Nurse Assist and distributed by AdaptHealth. Within days, he developed signs of a severe infection and was rushed to the emergency room on June 23, 2022. Doctors diagnosed him with gas gangrene and necrotizing fasciitis, prompting an emergency transfer to another hospital for surgery.

Juliano underwent multiple procedures, including incision and drainage surgeries and treatment with a wound vacuum system. Despite ongoing hospitalizations and outpatient care, the infection persisted. By fall 2023, doctors concluded his leg could not be saved. He underwent a below-the-knee amputation on November 15, 2023. During the procedure, he suffered a heart attack and required a drug-eluting stent and intensive care monitoring.

Juliano later received written confirmation that the saline solution he used had been recalled due to bacterial contamination. His lawsuit claims the defective product caused permanent disability, severe health complications, and mounting medical expenses.

“Due to Defendants’ negligent, reckless and/or intentional misconduct, consumers, like Plaintiff, used Defendants’ Product, which was widely recalled on or about November 6, 2023 due to a ‘potential contamination.’”

–Matthew Juliano v. Nurse Assist LLC et al

The complaint raises allegations of violation of New Jersey Products Liability Act Statute §2A:58C-1, strict products liability, failure to warn, defective design and manufacture, negligence, gross negligence, negligent failure to warn, negligent design and manufacture defect, negligent misrepresentation and omission, breach of implied warranty, violation of New Jersey Consumer Fraud Act, and post-sale duty to warn against all defendants.

Juliano is seeking compensation for lost income, both now and in the future, as well as pain and suffering. He’s also asking for additional damages meant to punish the companies involved.

Sterile Water Infection Lawsuits

Following the Nurse Assist sterile water recall, a growing number of individuals have reported serious infections and health complications linked to contaminated products. As a result, lawsuits continue to be filed nationwide against Nurse Assist and related distributors, alleging the company failed to ensure the sterility of its solutions.

Individuals who developed infections after using the recalled products may qualify for compensation. Product liability lawyers are currently reviewing claims on behalf of individuals who experienced:

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

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