South Dakota Urology Clinic Wants Iowans’ Lawsuit Dismissed

September 16, 2009

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A South Dakota urology clinic and its owners have asked a judge to dismiss an amended lawsuit and its class-action request filed by five Iowans who claim they could have been exposed to blood-borne infections.

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

The clinic said the equipment never came in contact with people.

But five former patients from Iowa sued the clinic for emotional distress.

Attorneys for the clinic and its owners filed papers Monday asking a judge to dismiss the lawsuit because there’s no allegation of actual exposure, and the case should not be treated as a class action.

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