A Dover grandmother infected with hepatitis C filed suit against Exeter Hospital Tuesday as the U.S. Attorney's Office announced it has joined the criminal probe into the outbreak of the virus linked to the hospital's cardiac catheterization laboratory.

U.S. Attorney for New Hampshire John P. Kacavas said his office is assisting state and local officials because of the authority granted it under the anti-tampering law passed by Congress in 1982 following the so-called Chicago Tylenol murders.

“We have the authority to prosecute a person or persons who may be criminally responsible for tampering,” Kacavas said. “The investigation will go where the facts lead us but — if it leads to a tampering issue — then we have an investigation directly on point.”

State health officials last week said a hospital employee who used syringes to inject painkillers intended for patients is the most likely source of the outbreak of the potentially deadly virus that to date has infected 19 former patients.

State officials would not say if the infected employee is the same person suspected of injecting drugs in a possible drug diversion scheme.

Dr. Sharon Alroy-Preis, the state's epidemiologist, would not say if the infected employee is currently working at the hospital or if other employees tested positive for the blood-borne disease.

But, she said: “the people who are working routinely at the catheterization lab now have all been tested and found to be negative for the hepatitis C strain related to the outbreak. This is part of why we feel the cath lab is safe to be operating.”

Kacavas said the FBI, Drug Enforcement Administration, Food and Drug Administration and U.S. Department of Health and Human Services — all federal agencies — are assisting the state Attorney General's Office, Exeter and state police in the investigation.

“We are looking at both criminal and civil liability,” Kacavas said.

Dover grandmother sues

Frances Patterson and her husband, Gary, of Dover filed suit against Exeter Hospital in Rockingham County Superior Court Tuesday alleging the hospital is directly responsible for Frances Patterson becoming infected with hepatitis C when she was treated there in 2011.

Frances Patterson, a 68-year-old mother and grandmother, said the disease caused her emotional distress, pain and physical disability that likely will lead to premature death. It also caused her to incur extraordinary medical expenses and threatened her eligibility for health and life insurance, the suit alleges.

The nine-count lawsuit claims Exeter Hospital was negligent and reckless for causing the infection, failing to train and supervise employees in infection-control procedures, hiring drug-addicted employees, failing to require drug testing for employees with access to narcotic drugs and failing to enforce infection-control protocols. Patterson's husband also claimed “loss of consortium” as a result of his wife's disease.

The suit is the second filed by Manchester attorney Mark A. Abramson and the third suit filed to date against the hospital by a patient. Abramson said he represents seven of the 19 infected patients.

In addition, Concord attorney Peter McGrath said he has 24 clients — five of whom tested positive for the hepatitis C strain linked to the outbreak — who agreed to join in a class-action lawsuit he intends to bring against the hospital alleging negligence, negligent supervision of employees and medical malpractice.

McGrath said he filed paperwork seeking a class-action suit in Rockingham County Superior Court June 14. The court must certify the class-action suit before it can proceed.

McGrath said he will represent all former patients notified by the hospital that they have been exposed to the virus and need to be tested — regardless of whether tests confirm they have the disease. He claimed all suffered emotional stress.

Testing continues

Meanwhile, testing continues on the 1,213 former patients who may have been exposed to the virus from October 2010 to May 25, when Exeter Hospital officials announced the outbreak and voluntarily closed the cardiac catheterization laboratory. It reopened June 5.

To date, 829 blood specimens have been submitted to the state for testing at its public health laboratory, Alroy-Preis said.

Of these, 787 have been finalized, with 759 confirmed negative, she said.

Twenty matched the strain related to the outbreak; eight tested positive for an unrelated strain of the virus, she said.

The state also announced it set up two independent locations in Hampton and Portsmouth where at-risk patients can be tested in response to patients concerned about returning to Exeter Hospital to be tested, Alroy-Preis said.

Exeter Hospital spokeswoman Debra Vasapolli said she could not comment on pending lawsuits or ongoing investigations.

In a statement, the hospital said it has yet to test about 120 of the 976 patients identified as being treated at the lab between Oct. 1, 2010 and May 25.

“We recognize the stress this has had on our patients and we are working as quickly as possible to complete the outreach and testing process,” hospital Call Center manager Claudette Lavigne said.

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Kathryn Marchocki may be reached at kmarchocki@unionleader.com.