HomeNew JerseyNewarkMaggiano DiGirolamo & LizziProven verdictsMaggiano Files Class Action After HealthPlus Surgery Center Exposed 3,778 NJ Patients to HIV and Hepatitis
Settlement

Maggiano Files Class Action After HealthPlus Surgery Center Exposed 3,778 NJ Patients to HIV and Hepatitis

Settlement · New Jersey Superior Court, Bergen County (Multicounty Litigation); related injunctive-relief class action in Essex County · 2019

Won by Maggiano DiGirolamo & Lizzi.

Michael Maggiano filed a class-action lawsuit on behalf of patients exposed to HIV, hepatitis B, and hepatitis C after investigators found that HealthPlus Surgery Center in Saddle Brook, NJ had failed to properly sterilize surgical instruments and clean operating rooms between procedures.

What happened

In late 2018, the New Jersey Department of Health sent letters to 3,778 people who had undergone procedures at HealthPlus Surgery Center in Saddle Brook, warning them they may have been exposed to HIV, hepatitis B, and hepatitis C. State investigators had found a cascade of infection-control failures at the outpatient facility: operating rooms were not properly cleaned between cases, sterilized instruments showed rust-like stains, improperly stored supplies compromised item sterility, and a blood-stained stretcher sat in a hallway without disinfection even while inspectors were present. The facility had briefly closed for three weeks in September 2018 before reopening after staff terminations and procedural changes, but the damage to patient trust was done.

On December 28, 2018, Michael Maggiano of Maggiano, DiGirolamo & Lizzi filed suit in New Jersey on behalf of Lauren Marrero, a former HealthPlus patient, and her husband, Julio Marrero, as potential class representatives. The complaint named HealthPlus Surgery Center, whose owner was real-estate and healthcare executive Yan Moshe, and alleged negligence, battery, and wanton disregard for patient safety. A separate plaintiff, Mahogany Clifton of Paterson, joined the class in early January 2019. At a press conference shortly after filing, Maggiano described the toll on the roughly 30 clients who had already contacted his office: 'All of these people are suffering shame, embarrassment, humiliation, given the news they received over the holidays.'

The lawsuits multiplied quickly. Multiple firms filed competing complaints across New Jersey state and federal courts. Maggiano's action for the Marreros was among the earliest, and by early 2019 his firm reported representing more than 200 affected patients. By Supreme Court order of December 2, 2019, the New Jersey courts designated the HealthPlus personal-injury cases a Multicounty Litigation (MCL) and centralized them in Bergen County. Maggiano's class action was one of the early filings that helped shape the scope of the litigation before it was folded into the coordinated proceeding.

A separate strand of the litigation focused on injunctive relief rather than money damages. In that class action, plaintiffs argued that HealthPlus's initial notice to the 3,778 patients was deficient because it failed to inform them that bloodborne diseases like HIV and hepatitis B and C can have extended incubation periods. Testing within days or weeks of exposure can return false negatives. The class therefore sought a court-supervised corrective notice and a second round of free blood tests for patients who had been tested too early. Because it sought only injunctive relief, that class action was kept in Essex County rather than transferred into the Bergen County MCL.

The Essex County injunctive-relief class action, prosecuted by a separate group of class counsel, was certified on April 28, 2021. Under the resulting settlement, HealthPlus was required to send a supplemental corrective notice to class members and to provide an additional blood test at no cost to any patient who had been tested within six months of their exposure window. Class members also had the option to waive personal injury and money-damage claims in exchange for a one-time settlement payment. No aggregate settlement dollar figure was publicly disclosed. The MCL was formally concluded on February 21, 2023 per New Jersey Courts records.

Sources

This account is drawn from contemporaneous public reporting and the court record.

More proven verdicts from Maggiano DiGirolamo & Lizzi

All Maggiano DiGirolamo & Lizzi proven verdicts →
$101 millionSettlementGroup recoveryWorkplace InjuryNJ

Four construction workers were killed and more than 30 injured when five floors of a parking garage under construction at the Tropicana Casino Resort in Atlantic City collapsed in October 2003, leading to what attorneys described as the largest construction-accident settlement in U.S. history at that time.

2007 · Atlantic County Superior Court, New JerseyRead the full story →
$4.4 millionSettlementCar AccidentsNJ

Christopher DiGirolamo secured $4.4 million for a Wayne boy who suffered a traumatic brain injury and partial paralysis when a drunk driver rear-ended his family's minivan, with $950,000 coming from the bar that served the driver under New Jersey's Dram Shop Act.

2020 · Passaic County, NJRead the full story →
$1.6 millionSettlementPremises LiabilityNJ

Christopher DiGirolamo secured a $1.62 million settlement for Carol Olsen, a 59-year-old Midland Park woman whose right thumb was bitten off by a fostered pit bull in Mahwah, in the case Olsen v. Eleventh Hour Rescue.

2023 · Bergen County, NJRead the full story →
$900,000SettlementWrongful DeathNJ

Christopher DiGirolamo secured a $900,000 settlement for the family of a 26-year-old college student who was struck and killed by a car while crossing at a marked crosswalk in New Jersey.

2017 · New JerseyRead the full story →

Related medical malpractice verdicts

$951 millionVerdictNot collectableUT

A Utah judge entered a $951 million default judgment against Steward Health Care after newly trained nurses, an excessive Pitocin drip, and a delayed C-section at Jordan Valley Medical Center left a newborn permanently brain damaged.

Claggett & Sykes Trial Lawyers2025 · Third District Court, Salt Lake City, UtahRead the full story →
$900 millionVerdictReversed on appealNot collectableFL

A Gainesville jury awarded $900 million, including $700 million in punitive damages, to stroke survivor Joseph Webb over neglect at the University Place Care and Rehabilitation Center, in a Wilkes & McHugh case tried against defaulted Trans Healthcare entities with no defense present, but Florida's First District Court of Appeal reversed the judgment in 2013 because the trial court had refused to let a defense lawyer appear, and the money was never collected; the estate's claim was later resolved for a small share of a multi-estate bankruptcy settlement.

Wilkes & Associates, P.A.2012 · Eighth Judicial Circuit, Alachua County, FloridaRead the full story →
$366 millionVerdictReduced from $524 millionNV

A Clark County jury ordered Health Plan of Nevada and Sierra Health Services to pay $524 million after finding the UnitedHealth Group subsidiaries negligently credentialed a gastroenterologist whose unsafe injection practices at his Las Vegas endoscopy clinics caused the largest medically caused hepatitis C outbreak in American history.

Eglet Law2013 · Clark County District Court, Las VegasRead the full story →
$330.07 millionVerdictReduced from $2.23 billionNot collectableMO

Georgia Hayes, a Kansas City area ovarian cancer patient, sued pharmacist Robert Courtney after learning he had diluted the chemotherapy drugs used in her treatment. A Jackson County jury found Courtney liable and awarded Hayes $225,571,439 in compensatory damages and $2 billion in punitive damages, the first of hundreds of similar suits against Courtney to reach trial. The trial judge later found the award excessive and cut it by remittitur to $330,071,439, and that reduced judgment stood. Hayes herself and the case reporter covering the verdict both said she was unlikely to ever collect a significant portion of it.

Ketchmark & McCreight, P.C. and Davis, Bethune & Jones, L.L.C.2002 · Circuit Court of Jackson County, Missouri (Kansas City)Read the full story →