OT:Video - Couple sues over mold in oxygen tanks

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Couple sues over mold in oxygen tanks

9NEWS.com - Denver,CO

posted by: Wolf , Web Producer

written by: Ward Lucas , Anchor/Reporter

http://www.9news.com/news/article.aspx?storyid=71914

LITTLETON - A lawsuit has been filed in Jefferson County against

Apria HealthCare by a couple who claims they have been adversely

affected by an uncorrected mold problem in oxygen tanks.

Jack Newell and Newell of Littleton claim the company has long

known about the mold problem, but has done nothing to correct it.

Jack Newell suffers from emphysema and obstructive pulmonary

disease. He has survived on oxygen for the past 10 years. However,

the Newells have frequently complained to Apria HealthCare about a

variety of problems with the tanks.

In 2000, they filed a complaint with the Food and Drug

Administration. They supplied federal investigators with photographs

of mold growing in plastic tubing that carries condensation away

from coils on the top of the tank. The condensation sits in a

collector tray under cooling coils at the top of the tanks. The

Newells claim that Apria refills the tanks each week without

cleaning out the trays.

Newell is a 1950 engineering graduate from Princeton University. " I

know what I'm talking about, " he said. " I even suggested a design

change to them that would eliminate the standing water in the tank,

but they wouldn't do it. "

A federal investigation in 2001 cited the Newell's complaint and

disclosed that the couple had found mold and caterpillars in the

bottle which collects condensation. It notes that Apria HealthCare

did an investigation of the incident and determined that the courier

who delivered the oxygen did not follow proper handling procedures

because the tanks were delivered on an open-bed truck. It ordered

couriers in the future to cover all equipment or not use open-bed

trucks.

The Newells did not file a lawsuit at that time, but the company

gave them an undisclosed settlement. A confidentiality agreement was

signed.

However, the Newells say they had ongoing problems. On June 1 of

this year, they filed the lawsuit claiming a variety of problems

with oxygen equipment including " missed deliveries, faulty

equipment, dirty equipment and failure to provide correct

equipment. "

Click here to read the lawsuit filed by the Newells.

A statement from Apria HealthCare in Lake Forest, California

acknowledged the lawsuit. A company vice president said, " Apria

HealthCare denies that it has been the cause of any adverse health

consequences alleged by Mr. or Mrs. Newell. " It goes on to say the

Newells have made numerous complaints over the 10 years that they

have used oxygen tanks from Apria, but have refused offers to

arrange the delivery of equipment from other sources.

The company said, " All Apria locations are accredited by the Joint

Commission on Accreditation of Healthcare Organizations. " It said

the Littleton Apria office has been inspected many times over the

years and has never been found to be deficient.

Click here to read the entire statement from Apria HealthCare.