Local attorney claims hospital mishandled DUI blood tests, files to have hundreds of cases thrown out

www.whptv.com– A Susquehanna Valley Attorney wants hundreds of DUI cases tossed out, claiming a local hospital mishandled the blood tests.  And a court ruled Good Samaritan was not following the operating instructions for the hospital’s blood testing machine.Attorney Justin McShane, Chairman and CEO of McShane Law Firm says this has been a problem at Good Samaritan Hospital for years, but the problem never came to light until four judges ruled that the strict rules haven’t been followed.  “Good Samaritan Hospital is a great hospital, it’s great for emergencies and any sort of care that you would want. Horrible at forensics.”On Thursday, Justin McShane filed a motion to dismiss all of his clients’ DUI open blood cases in Lebanon County after the Counties’ Court ruled that the hospital was not following the guidelines for the blood testing machine.  “Because Good Samaritan Hospital does not do it right, they can’t come into court and use the evidence.”

Through testimony, the court found that the hospital was skipping a specific step which could result in higher Blood Alcohol Content levels.  “This is what they were doing, this is what they should be doing.” McShane said.

According to the blood tests’ manual, they have to dilute the blood with a chemical called TCA, but according to court testimony, the hospital did not add the chemical.  That means some of the blood alcohol contents could have been over reported.

McShane told CBS 21 the District Attorney’s office has known about this for 6 years.  “They’ve been prosecuting these cases, accepting guilty pleas, for all this time knowing that the evidence is bad.”

In response to this court ruling, Lebanon County District Attorney Dave Arnold said in a statement:  “Good Samaritan’s equipment and processes are monitored by the Department of Health and have always been accurate and Good Samaritan has always passed testing requirements.”

Still, because the machine’s steps weren’t followed exactly, the test can’t be used in court, and some people’s lives could change.  “Try and get your drivers license re-instated, maybe out of jail, out of supervision.” McShane explained. “This can have a dramatic impact on people’s lives.”

District Attorney Dave Arnold says his office is still reviewing the courts’ ruling, but he believes this ruling will not affect previous cases, and he believes it won’t affect any cases in the future.

According to Pennsylvania State law, you only have a year and 90 days to make a claim or re-open a case,  but all open and pending charges will be dismissed.

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