Three more lawsuits were filed Tuesday by people who contracted Hepatitis C after visiting Norman Regional Hospital's Pain Management Clinic.

The lawsuits were filed against the hospital, a supervising doctor and a nurse who practiced there.

There may not be enough money to go around even if all three parties are found to be at fault, one attorney said.

Rebecca S. Ellison, Anita K. Clines, and Doy Elmore all filed suit against the nurse, hospital and doctor after they were diagnosed with the disease. So far, nine cases are pending in the incident.

NRH began notifying people who had visited the clinic from Dec. 31 through Aug. 19 to come to the hospital for hepatitis C testing when six people were diagnosed with the disease after visiting the clinic.

In a letter from the Oklahoma Department of Health to the Oklahoma Board of Nursing, nurse James Hill is said to have been reusing the same needle while providing anesthesia to patients undergoing pain management procedures at NRH under his sponsoring physician, Dr. Jerry Lewis.

According to the letter, "Prior to June, 2002, Mr. Hill reports that he regularly engaged in the practice of using the same needle and syringe to inject anesthetic medications...to as many as 15 to 25 patients in one day."

Hill's privileges at the hospital have since been revoked and the incident is currently under investigation by the ODH.

Hill's supervising doctor, Lewis, is also currently under investigation by the Oklahoma Board of Medical Licensure and Supervision.

Lyle Kelsey, executive director of OBMLS, said the investigation would involve an interview with Lewis, and, if sufficient evidence is found, hold a public hearing on the matter.

"Obviously, when there are some allegations of this magnitude, we have an interest to see if the doctor was acting appropriately and carrying out his obligations," Kelsey said. "If there's some incident that rises to unprofessional conduct, he could have a public hearing in front of the nine-member board."

Kelsey said he was unsure exactly when the investigation would be complete but estimated its completion at four to six months.

Jack Tracy, attorney for 77-year-old Doy Elmore who was diagnosed with hepatitis C after visiting the clinic, said Elmore was "extremely ill" and that he could not eat and was extremely depressed.

Tracy also said Elmore, who is a minister, could barely walk.

"The man can't even walk to his church to preach," Tracy said. "This man has been preaching in Norman since 1969. He's in very bad condition."

Tracy said that Elmore is currently taking treatment for the disease, but that it is only 40 percent effective, and that a liver transplant may be the only choice, not only for his client, but any one who has contracted the disease and does not respond to the treatment.

"Those who don't get cured from treatment are either going to need a liver transplant or they are going to die," Tracy said. "Those who don't get a liver transplant are going to die a very painful and horrible death."

According to Tracy, the approximate cost of a transplant could be around half a million dollars. Hill and Lewis, he says, have only $3 million and $5 million insurance policies, though he was not sure about the amount of NRH's insurance policy.

"The honorable thing to do would be for Norman Regional and Lewis to step up to the plate and say they have some responsibility," Tracy said. "I don't think it will make Doy Elmore feel better, but it would be the responsible thing to do."

Tracy also suggested that NRH give free liver transplants and care to those who were diagnosed with the illness.

Grant Fairmond, spokesman for NRH, would not comment on any pending litigation or the amount of the hospital's insurance policy, but did say that 293 of the approximate 350 people contacted have been tested. The approximate number of those infected will not be released by the ODH for about two weeks.

Neither Hill's nor Lewis' attorneys could be reached for comment on the matter.
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