Schedule To Prepare Nurse Assist Infection Lawsuit for Trial Outlined by Court

Judge has ordered lawyers to negotiate in good faith to try to reach a Nurse Assist settlement, warning that failure to do so may prevent them from being able to take certain positions on discovery disputes.

A federal judge has announced a series of key dates designed to prepare an infection lawsuit brought by a New Jersey man for trial, involving allegations that recalled Nurse Assist sterile water caused a devastating infection that resulted in the amputation of his right foot, after he used contaminated bottles to clean a prior wound.

Matthew Juliano originally filed the Nurse Assist lawsuit in July, naming Nurse Assist LLC, AdaptHealth Corp., Tower Three Partners LLC, BPGC Management LP, Spinnaker International LLC and R Investments LLC as the defendants.

According to the complaint, Juliano developed gas gangrene and necrotizing fasciitis after using the sterile water to clean his wounds about a year before the manufacturer disclosed the bottles may be contaminated.

Nurse Assist Recall

A Nurse Assist recall was issued for numerous different sterile water and saline products in November 2023. At that time, the U.S. Food and Drug Administration (FDA) warned that faulty packaging seals may break and compromise sterility, urging healthcare providers and consumers to stop using and distributing the affected products.

In the recall’s wake, Juliano is one of several individuals who are now pursuing Nurse Assist infection lawsuits after developing severe, and in some cases life-threatening, complications from the contaminated products, which were distributed for wound care and other medical treatments in clinical and home settings.

On January 8, U.S. Magistrate Judge Matthew J. Skahill of the District of New Jersey issued a scheduling order (PDF) setting key lawsuit deadlines throughout 2026 and early 2027, following a case management conference held the day before.

According to the order, the Court wants the parties to file a joint letter by January 31, 2026, detailing agreements on a number of key discovery issues, such as discovery of digital information and what documents should be kept confidential. Initial written discovery requests will follow by February 20, 2026, the order states.

The deadline to file amendments to pleadings or to add new parties to the complaint expires on July 1, 2026, followed by the end of pretrial discovery on August 31. All expert reports and disclosures from plaintiffs are due by October 15, with a November 30 deadline for defendants. Deposition of expert witnesses is to be concluded by January 14, 2027.

The judge also directed both sides to make a sincere effort to reach a Nursing Assist infection settlement agreement that may avoid the need for the case to go to trial. The order warns that if a party does not participate in those discussions in good faith, it may lose the right to later argue over disputed evidence or information requests.

The next status conference will be held by telephone on March 5, 2026.

Nurse Assist Infection Lawsuits

The case being pursued by Juliano is being carefully watched by others now pursuing or considering potential lawsuits over the Nurse Assist sterile water recall, potentially signaling how the Court or juries may respond to certain evidence, testimony or pretrial disputes.

As individuals continue to learn that prior infections may have been caused by sterile water or saline solutions used during their treatment, lawsuits continue to be filed nationwide against Nurse Assist and related distributors, alleging the company failed to ensure the sterility of its solutions.

Product liability lawyers currently offer free consultation 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