SteriCare Lawsuit Claims Compromised Sterile Saline Solution Caused Man’s Death

Man was hospitalized for sepsis multiple times, yet doctors did not realize he was potentially reinfecting himself every time he used SteriCare on his wounds.

An Illinois woman has filed a wrongful death lawsuit following the death of her husband, which she claims was due to his use of contaminated Nurse Assist SteriCare saline products that were recalled shortly after his infection developed.

The complaint (PDF) was originally brought by Teresa Rudnick on behalf of herself and her deceased husband, Bruce, late last year in Cook County Circuit Court.

However, the lawsuit was removed to the U.S. District Court for the Northern District of Illinois on June 2 by the defendants, which include Nurse Assist LLC, I.V. Solutions LLC, IV Ventures Incorporated, Byram Healthcare Centers Inc., Tower Three Partners LLC, BPGC Management LP, Spinnaker International LLC and R Investments LLC.

Rudnick alleges that contaminated Nurse Assist SteriCare saline solution used by her husband to flush a PICC line and treat a foot wound repeatedly exposed him to bacteria, eventually leading to his death shortly after the FDA recalled the products.

Nurse Assist Recall

The U.S. Food and Drug Administration (FDA) announced the Nurse Assist saline and sterile solution recall in November 2023, warning that the products’ packaging seals were defective and could fail, potentially allowing bacterial contamination. The agency called for healthcare providers and consumers to stop using the products due to the risk of infections, but for many others conducting wound care after surgery, the damage was already done.

Many plaintiffs who have lost loved ones or battled infections themselves, have since filed Nurse Assist SteriCare lawsuits in courts nationwide, alleging the manufacturers distributed defectively packaged sterile products that made wounds worse instead of helping them to heal.

SteriCare Wrongful Death Allegations

According to the complaint, Bruce Rudnick began using SteriCare in September 2022 after being implanted with a peripherally inserted central catheter (PICC) for the administration of antibiotics. He used the defendants’ sterile saline solutions to flush the catheter after each injection of antibiotics.

In addition to the catheter, he also developed a wound on his left foot that was treated with SteriCare.

Over the remainder of that year and throughout 2023, he suffered repeated bouts of sepsis, although doctors were unable to identify the source of the infection. Each time, he was hospitalized and treated with antibiotics before being sent home, only for the infection to return and require another hospitalization.

In November 2023, Rudnick was again hospitalized with severe sepsis, bacteremia and suspected endocarditis, undergoing partial left foot amputation. That same month, the FDA announced the Nurse Assist SteriCare recall. Bruce Rudnick died of endocarditis, sepsis infection and multisystem organ failure on December 14, 2023.

One week before his death, his wife was notified of the Nurse Assist recall.

“On December 7, 2023, Plaintiff received notification from Byram Healthcare regarding the Nurse Assist recall, confirming the Product utilized by Decedent, which was manufactured, imported, sold, marketed, labeled, and distributed by Nurse Assist; sold, distributed, and supplied by I.V. Solutions and Byram Healthcare; and financially controlled by Tower Three, BPGC, Spinnaker, and R Investments, was subject to the voluntary recall initiated by Defendants.”

– Theresa Rudnick v. Nurse Assist LLC et al.

The lawsuit presents claims of wrongful death, failure to warn, defective design and manufacture, negligent design and manufacture, negligent failure to warn, negligent misrepresentation, breach of warranty, and violations of the Illinois Consumer Fraud and Deceptive Business Practices Act. It seeks compensatory damages.

Nurse Assist SteriCare Lawsuits

As more infections and deaths are linked to the recalled sterile solutions, lawsuits continue to be filed against Nurse Assist and other distributors, pursuing claims that the manufacturers failed in their duty to make sure the products were sterile.

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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