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The Lawsuit

Mycobacterium abscessus

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The Lawsuit

The Outbreak

The possibility of a connection between Mycobacterium abscessus disease and the Ruth Pettle Wellness Centre ("Wellness Centre") first came to the attention of Toronto Public Health (“TPH”) in October 2002. TPH commenced an outbreak investigation shortly thereafter.

As part of the investigation an information package was mailed to patients of the Wellness Centre, which advised patients that they may have been exposed to M. abscessus as a result of improperly sterilized acupuncture needles. The package also cautioned the recipient that they may have been exposed to other serious, life threatening infectious diseases, including hepatitis B, hepatitis C and HIV; and should be tested for this possibility.

The investigation involved 327 patients  who attended the Wellness Centre in 2000, 2001 and/or 2002.

TPH did not require that they be notified of the results of testing and therefore likely has incomplete information with respect to the extent of the outbreak. Nevertheless, results for 64 individuals did ultimately come to the attention of TPH. While there was no evidence of recent hepatitis B, C, or HIV infection linked to the Wellness Centre, 32 cases of M. abscessus were reported (50% of the sample population; 10% of the patient population).

The Claim

A lawsuit was launched in early 2003 seeking compensation for the victims of the outbreak.

The legal team has hired two experts in the field of acupuncture. Both experts indicate that only pre-sterilized single-use disposable needles should be used in the practice of acupuncture. Needles should be used only once and discarded in a sharps container directly. This applies to needles of every type in the acupuncture practice. In addition, a “universal precautions” approach to infection control should have been employed, including hand washing and the use of gloves. The evidence gathered to date indicates that disposable needles were not used.

The re-use of inexpensive needles designed (or labeled) for single use is fraught with risk and reflects poorly on the judgment of the practitioner.

Sandra Testaguzza

As the individual performing the acupuncture, it is alleged that Sandra Testaguzza is primarily responsible for the outbreak of M. abscessus at the  Wellness Centre. The risk of spreading infectious disease through the use of re-usable acupuncture needles is well known. The outbreak itself is clear evidence that improperly sterilized, re-usable needles were used in the acupuncture treatments at the Wellness Centre as well as Ms. Testaguzza's home clinic.

M. abscessus

M. abscessus, is a rapidly growing atypical non-tuberculous mycobacteria. It may take from 2 to 30 days for primary isolation. M. abscessus causes human infections ranging from abscesses and lung disease to very serious illness.

M. abscessus is not usually transmitted from one person to another. This bacterium is relatively common in the environment and individuals are frequently exposed to it with no ill effect. M. abscessus is most likely to cause disease when it gets into a wound or when contaminated medical devices are placed under the skin. M. abscessus is known to grow in disinfectants, notably glutaraldehyde. While there have been no reported outbreaks associated with acupuncture needles, several disease clusters have been associated with contaminated surgical instruments and other invasive medical equipment.

The incubation period varies with the individual. Although most people get sick within one month of exposure, some individuals will not get sick for many months. Incubation periods may be as long as one year.

The effects of M. abscessus may become much more severe in persons who are immunosuppressed. Skin and soft tissue infections are often acquired by inoculation or injection and may resemble pyogenic (pus filled) abscesses. Most occur within one month after exposure and are manifested as acute inflammatory reactions with suppuration. Chronic inflammation and ulceration may also occur.

Sores or abscesses must be drained to cure infections with M. abscessus. Surgery may be necessary. Since the rapidly growing mycobacteria vary widely in their antibiotic susceptibilities, antibiotic therapy is not always effective. Long-term antibiotic therapy is often necessary. Many cases will require antibiotic therapy for 3 to 6 months or longer. Prolonged antibiotic therapy and removal of all infected material may be required in cases of deep-seated infections or in immunocompromised patients.

 

Last modified 17/02/06

 

  

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