Associated Press - August 12, 2009
Carson Walker, Associated Press Writer

State health officials warned patients in April that there was a risk of infection because some medical equipment at Siouxland Urology Center in Dakota Dunes was being reused against the manufacturer's recommendation.

The clinic spokeswoman has said the equipment never came in contact with patients and the practice was commonly used by other urologists.

Five former patients from Iowa filed a class-action lawsuit against the clinic and recently filed an amended complaint.

The clinic on Wednesday said it reported to the state Health Department the results of more than 3,900 free tests done since the disclosure.

The 16 positive tests for hepatitis are within the normal occurrence rate of .4 percent, the clinic said in a statement. Another 12 people disclosed that they had the disease before being treated but did not transmit the disease to other patients, it said.

"The testing revealed no evidence that hepatitis was transmitted patient-to-patient, and no cases of HIV were found at all," Siouxland Urology said in the statement.

All patients have been told of the results so they can seek medical care, and those who tested positive don't necessarily include the five Iowans who brought the lawsuit.

The attorney handling the case did not want to comment beyond the document.

Barb Buhler, spokeswoman for the South Dakota Department of Health, said the agency is still investigating and will release a report on its findings when that is done, perhaps within the next few weeks.

"It's being treated as any other disease investigation we do," Buhler said.

The amended lawsuit accuses Siouxland Urology of exposing patients to the illnesses, or in the alternative, of not keeping adequate records to prove or disprove exposure, which creates a presumption of exposure.

Siouxland Urology could have appealed the Health Department report but did not, the lawsuit states.

The Health Department determined during routine checks that Siouxland Urology Center was reusing products such as saline solution bags and tubing during cystoscopies, which allow doctors to see the interior lining of the bladder and the urethra.

The lawsuit, which seeks at least $5 million, was filed against Siouxland Urology Center and its six owners: Drs. John Wolpert, David Howard, Patrick Walsh, Kenneth McCalla, Timothy Kneib and Craig Block.

The former patients -- Theresa Kinney, Katherine Moir, Gloria Todd, James Peters and William Collins -- are from Iowa but their addresses aren't listed.

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On the Net:

Siouxland Urology Center: http://www.siouxlandurologycenter.com
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