The Ottumwa Courier

AP National

December 2, 2013

NH hospital worker gets 39 years in hepatitis case

(Continued)

"On one hand, you were saving my life, and on the other hand, your acts are a death sentence for me," Ficken, of Andover, Kan., told him Monday. "Do I thank you for what you did to help me? Do I despise you for what your actions did and will continue to do for the rest of my life? Or do I simply just feel sorry for you being the pathetic individual you are?"

Lynwood Nelson, who was infected when he went in for a procedure at the Baltimore VA Medical Center in 2012, said Kwiatkowski "should receive the same punishment he gave us: the death penalty."

In pushing for a 40-year prison sentence, prosecutors said Kwiatkowski created a "national public health crisis," put a significant number of people at risk and caused substantial physical and emotional harm to a large number of victims.

Defense lawyers argued that a 30-year sentence would better balance the seriousness of the crimes against Kwiatkowski's mental and emotional problems and his addiction to drugs and alcohol, which they said clouded his judgment.

In all, 32 patients were infected in New Hampshire, seven in Maryland, six in Kansas and one in Pennsylvania. Kwiatkowski, 34, also worked in Michigan, New York, Arizona and Georgia.

Two of the 16 charges stem from the case of a Kansas patient who has since died. Authorities say hepatitis C played a contributing role.

Ficken told The Associated Press last week that while she has struggled with fatigue since her diagnosis, a bigger blow came last month when her brother was diagnosed with leukemia and was told he needs a stem cell transplant. While siblings often are the closest match, she can't donate because of her hepatitis C status.

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Associated Press writer Rik Stevens contributed to this report.

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