The complaints primarily focus on Parkwest Surgery Center LLC, among others. This center notably underwent a management change after surgeries and infections occurred in 2023.
KNOXVILLE, Tenn. — For Mary-Beth Molitor, a simple walk on the beach is what she yearns for. And for Rick Stimac, it’s all about coming to terms with the new life he’s now facing.
These thoughts occupy their minds as they recover from surgeries that commenced in 2023, surgeries they expected would involve a quick recovery. Unfortunately, the healing process has stretched on for years.
“I think it’s settled in that my quality of life may never meet what I wished for,” Stimac reflected, having been active prior to his knee surgery in June 2023. “I won’t be where I should be, but my goal now is to adjust. I feel lucky, I have lots to be grateful for, so I’ll focus on that.”
Both Molitor, from Jefferson County, and Stimac, from Knoxville, are part of a group of patients pursuing legal action against Parkwest Surgery Center, where they had knee surgeries in 2023, also naming the operating doctors in their suits.
The lawsuits claim that the staff at the West Knoxville facility failed to provide proper care, inadvertently exposing patients to the Mycobacterium fortuitum bacteria, which caused ongoing, serious infections that went undetected for too long. The claims state the center did not adhere to established practices in infection control.
Moreover, they assert that the center did not adequately prevent contamination from non-sterilized equipment, products, or water, even proceeding with surgeries despite knowing the infection issues in 2023.
According to their attorneys, both Molitor and Stimac have each incurred over $1 million in healthcare costs during their lengthy recovery. They describe the ordeal as a heavy burden, impacting not just them, but also their spouses and families.
At one stage, they were even warned they might lose a leg due to the infection.
Currently, four lawsuits are progressing through Knox County Circuit Court, with a fifth one on the way, as per reports from their lawyers.
The lawyers representing many defendants, including the surgery center, generally assert that their clients acted appropriately and did not breach any care standards.
The center, located at 9430 Park West Boulevard, came under the management of Tennessee Orthopaedic Alliance in spring 2024.
This surgery center is distinct from Parkwest Medical Center in West Knoxville.
In February, the Tennessee Health Facilities Commission and Parkwest Surgery Center LP reached a consent order with civil penalties totaling $20,000.
While Mycobacterium fortuitum infections affected several patients in 2023, the center regained “substantial compliance” by May 15, 2024, following a survey conducted in March 2024.
It has strengthened governing board policies, trained staff on infection control measures, and started using enhanced tracking reports since May 1, 2024.
No new bacterial infections have been reported linked to surgeries at the center since April 2024, according to a center representative.
Lawyers for the patients claim that between 12 and 15 clients may have contracted infections during a drawn-out period in 2023.
They insist there were indications of problems that went unnoticed.
“There was systemic failure at Parkwest Surgery Center over a considerable timeframe,” said Doug Nichol, a Knoxville lawyer representing Mary-Beth Molitor and her husband, Joseph.
“The most egregious failure was that patients were directed to joint replacement surgeries while the doctors were aware there was an infection problem,” said Robert E. Pryor Jr., part of the legal team for several former patients.
Colleague Chris Coffey told WBIR that, back in 2023, the center could have halted surgeries to eliminate the Mycobacterium fortuitum outbreak, but didn’t.
“This is a public health issue that should be widely recognized, and there should have been communication about the safety of the facility,” Coffey lamented. “An announcement should’ve been made indicating that the center was unsafe, but that didn’t happen.”
The experiences of Mary-Beth Molitor and Rick Stimac have several overlapping themes.
Both relocated from Wisconsin to Tennessee with their families, led vibrant lives, and looked forward to returning to them after their knee procedures were completed.
They expected a straightforward recovery, which unfortunately turned into a series of complications that included fever, swelling, and ongoing pain following their surgeries in 2023.
Molitor had a total knee arthroplasty on April 3, 2023, and was sent home on the same day. Experts noted that infections in prosthetic joints are rare, occurring in just 1% to 2% of cases.
She was eager to resume an active lifestyle, fantasizing even about a possible job as a lunch lady in the local schools that fall.
“I truly wanted to be able to walk down the driveway to collect the mail pain-free,” she shared with WBIR.
However, a month later, she reported knee swelling and a fever of 101 degrees to a physician’s assistant. Treatments didn’t alleviate her symptoms, and continued swelling and drainage followed throughout the summer. In June 2023, the doctor discovered “stitch abscess,” leading to a procedure to flush her knee, according to her lawsuit.
Infectious disease specialists were consulted, and various antibiotics were attempted, but none proved effective, per her accounts.
By August 2023, Molitor was undergoing weekly open wound treatments, according to her lawsuit. A physician then referred her to a specialized wound clinic.
It wasn’t until September 5, 2023, that they learned her knee infection was caused by Mycobacterium fortuitum, a bacteria resistant to many antibiotics and known to cause severe infections in joint surgeries.
Just ten days later, another letter arrived at their home from the center, which stated that “a small number of patients” had developed treatable infections linked to the same bacteria.
The letter reassured them that these infections were treatable and not typically spread from person to person, promising that the center was working with health agencies to ensure patient safety.
As 2023 continued, local care persisted. By January 2024, still not improving, she went to Vanderbilt Medical Center for a second opinion.
It was then that doctors informed her of the significant complications she faced and her elevated risk of losing her leg. They proceeded to remove and replace the original hardware in her knee and graft skin from another area of her body to aid in her recovery.
“After the surgery, I asked the recovery nurse if my leg was still there, I felt something unusual and simply didn’t know,” she recounted.
Molitor has since relied on multiple medications, some affecting her hearing and has a long scar on her knee.
During this entire time, her husband Joseph juggled work with caring for her and assisting with her parents living in their home.
“It’s unfortunate how it’s taken its toll on me,” Mary-Beth told WBIR. “Talking to you today is nerve-wracking. I feel I haven’t been out much at all and have withdrawn considerably in the past two years.”
She noted that she’s learned the importance of being proactive about her healthcare.
As far as she knows, she hasn’t had any infections since early January. She’s thankful for the care provided by Vanderbilt’s health personnel.
THE MAN WHO BECAME A CASE STUDY
Rick Stimac, who had been living with painful leg swelling and had decided in June 2023 that it was time for more enduring relief through surgery at Parkwest Surgery Center, anticipated a quick recovery after a total knee arthroplasty.
This would ultimately be the first of ten surgeries attempting to fix his knee problems. He spent five surgeries in the Knoxville area and another five after referral to Vanderbilt.
Shortly after returning home post-surgery that June, Stimac began facing troubling symptoms: swelling, night sweats, and fatigue. His physician recognized something was amiss with the knee following the first surgery.
By August, he was hospitalized to remove the knee implant, which had become infected, according to the lawsuit filed by Coffey.
On September 11, 2023, he found out he too had contracted Mycobacterium fortuitum, like Molitor.
After leaving the hospital, he and his wife, Jenny, received the same letter from the surgery center alerting them to the bacterial contamination.
As the surgeries continued, Stimac began questioning the rationale behind the frequent procedures and hoped for some clarity regarding his recovery.
His expectations began to shift, and frustration mounted as he faced a diminished quality of life compared to his former active existence prior to June 2023.
“It reached a point where I lost trust in their actions,” he admitted.
Eventually, his doctor recommended seeking a second opinion at Vandy.
While there, he would undergo five additional operations, akin to starting over. “At that moment, there was a significant gap in my knee,” he described.
Doctors had to extract a 15-inch portion of muscle from his back for grafting onto his knee, given the infection’s damage to the bone.
Stimac too faced the possibility of losing part of his leg, but fortunately, that didn’t happen.
He has been active in physical therapy lately, which has been beneficial, yet he acknowledges he will never regain his previous level of mobility. For instance, being Catholic, he can no longer kneel during church, which is a significant change.
Stimac is one of many plaintiffs featured in a report prepared by Vanderbilt doctors looking into the events at Parkwest Surgery in 2023, which appeared in the journal Arthroplasty Today.
This report suggested that the infection in Knoxville may have stemmed from contaminated water within the surgical center.
The complexity of a Mycobacterium fortuitum infection can cause serious soft tissue damage, highlighting the need for proper quality control and infection control practices.
“The significant complications observed in our patients underscore the necessity for stringent sterilization and environmental controls,” the report stated.
For Stimac, the core issue is simple: responsibility must be assigned to those involved.
“Someone needs to be held accountable for the root cause,” he asserted.
The defendants named in the lawsuits since last year comprise Parkwest Surgery Center LLC, Tennessee Orthopaedic Alliance, and Ortholink ASC Corp., doing business as Parkwest Surgery Center. Dr. Conrad Ivie features in three of the four lawsuits filed.
Alongside Stimac and Molitor, two other former patients have active legal actions.
Pryor filed a suit in March for Avis Lussier and her husband, Roland. In addition to the surgery center, Tennessee Orthopaedic Alliance, and Ortholink ASC Corp., their complaint also names Dr. J. Christopher Shaver, but not Dr. Ivie.
Avis had a total knee replacement at the center in November 2023 and subsequently experienced symptoms similar to others, including high fever, pain, and fatigue. Her case also turned out to be linked to the Mycobacterium fortuitum infection.
“Discovery of the infection occurred on December 5, 2023; by December 8, the Lussiers were informed of the infection and were surprised to learn multiple patients had contracted it previously,” noted the lawsuit.
During the time the defendants were aware others were facing infections following surgeries, the Lussiers allege in their lawsuit, they knew there were investigations ongoing into the source of the outbreak.
Following the infection, her prosthesis had to be removed at a nearby hospital.
“She subsequently underwent numerous surgical interventions, received extensive treatment from various specialists, and suffered significant disability and illness,” the complaint states.
Jeffery Casteel and his wife, Tammy, from Greeneville, have also filed suit against Parkwest Surgery Center LLC and other entities. Casteel had his right knee replaced in May 2023, which was after Molitor but before Stimac and Lussier.
According to Casteel’s lawsuit, he dealt with complications that resulted in multiple surgical procedures and left him with a lasting injury, along with considerable medical expenses and ongoing medical needs.
Like the others, he too received the notice about bacterial contamination from the surgery center in September 2023.
Pryor mentioned he’s working on another lawsuit for a fifth former client of the surgery center.
Tennessee Orthopaedic Alliance, which assumed control of the center in 2024, has responded to WBIR’s inquiries by stating no further infections related to surgeries there have occurred since April 2024.
They have declared:
“We are dedicated to treating every patient like a family member, valuing the trust placed in us. We recognize the distress and challenges posed by this situation.”
“After taking operational control, we addressed the limited post-surgical infections with Mycobacterium fortuitum. We investigated the situation thoroughly and took corrective action.”
“No areas of the center tested positive for the bacteria, nor was it found on any equipment. There have been no new cases related to surgeries since April 2024.”
“In May 2024, the department confirmed that the center met all standards for quality and infection control compliance.”
“The consent order established in February pertains to actions taken prior to our management, and subsequent investigations show we have met all health standards.”
In defending against negligence claims, many defendants also point out that there could be “comparative fault,” indicating shared liability among multiple parties, while emphasizing the statute of limitations and existing health conditions of patients prior to their operations.
Any potential trials are likely months or even years away.
Furthermore, attorneys for the plaintiffs have noted broader implications regarding public health concerns.
“People need to be aware that such incidents can happen and that we depend on healthcare professionals adhering to laws and regulations to avoid these situations,” Nichol stated.
Patients enter treatment with the expectation of safety and care, as Coffey pointed out.
“There’s always a risk of infection with joint surgeries, but in this case, the facility itself created that risk. It wasn’t solely about the patient’s wound care; the facility harbored bacteria due to a lack of proper cleaning protocols,” he said, as supported by statements from the state Department of Health.
Pryor expressed the necessity for stricter regulation moving forward.
“Better regulatory measures at both federal and state levels are crucial,” he suggested. “These surgery centers won’t self-regulate effectively.”
