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Clinic sued by patients who contracted virus

Five hepatitis C victims weren't initially ID'd by the health district

At least five people not yet identified by health officials say they contracted hepatitis C during visits to a Las Vegas medical clinic that reused syringes and improperly cleaned medical equipment, a lawyer for the patients said Friday.

They represent a fraction of what Ed Bernstein believes will be more than 100 people infected with potentially deadly diseases at the Endoscopy Center of Southern Nevada at 700 Shadow Lane.

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  • "This is one of the worst catastrophes we've ever had here in Southern Nevada," said Bernstein, who has practiced in Las Vegas for 30 years.

    Bernstein filed lawsuits Friday for two of those patients and another patient whose hepatitis C infection was one of six already linked to the clinic by the Southern Nevada Health District, Bernstein said.

    The health district is urging 40,000 people who underwent procedures at the clinic between March 2004 and Jan. 11 of this year to get tested for HIV and hepatitis B and C. Health officials believe the patients might have been exposed to the diseases when staff reused syringes to inject medications at the high-volume gastrointestinal clinic.

    The investigation also found other unsafe practices at the clinic such as improper cleaning of equipment used in colonoscopies and upper gastrointestinal procedures.

    In their lawsuits, Nancy Shaw and Deborah Hall-Hilty say they contracted the potentially fatal hepatitis C while undergoing colonoscopies at the Endoscopy Center. Shaw's procedure was on Feb. 16, 2006. Hall-Hilty's was on Oct. 20, 2006.

    Health officials have not connected their infections to the center, Bernstein said.

    However, Michael Washington's hepatitis C infection has been confirmed by the health district, the attorney said.

    The retired military veteran contracted the disease during a colonoscopy on July 25, 2007, his lawsuit says. His wife, Josephine, is a retired nurse.

    Washington got the procedure as a precautionary measure suggested by his doctor, Bernstein said. He started showing symptoms of hepatitis C after the procedure, and a test later confirmed it, he said.

    But Washington can't undergo treatment for the infection because the medications would cause complications for his diabetes and glaucoma, Bernstein said.

    "If this was a restaurant and there were bugs in it, they would have closed it down," he said.

    Bernstein also filed a class- action lawsuit Friday on behalf of the 40,000 patients who might have been exposed to infections. Lawyers Jan Paul Koch, Peter Wetherall and Will Kemp have filed similar class-action lawsuits against the Endoscopy Center of Southern Nevada and the doctors who own it.

    Those lawsuits join about a dozen medical malpractice lawsuits filed in the past decade against the doctors, the Endoscopy Center of Southern Nevada and its sister clinic, the Gastroenterology Center of Nevada.

    The malpractice lawsuits include the pending case of Kevin Rexford, who says doctors failed to diagnose his colon cancer because they were too busy to adequately review his case.

    Contact reporter Brian Haynes at bhaynes@reviewjournal.com or (702) 383-0281.



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    Stevie wrote on March 02, 2008 11:42 AM: I think it very sad the anguish some of the patients are going through. From my understanding, though, there is only one day patients have been affected. Even public health retracted their comment on routine use of "dirty" syringe and needle use, but this has not been noted. I think the focus should be on the patients who have TRULY been affected by this and rather than get a one sided view from media and the BLOODTHIRSTY attorneys who absolutely do not have any patients' interests at heart. I think the focus should be on the truth and not fear-mongering and greed. These doctors need to be held accountable and I believe they will.


    thinkbeforeyouact wrote on March 02, 2008 12:50 AM: I am a patient of the Endoscopy Center of Southern Nevada. Unless you test positive, you shouldn't even consider a lawsuit that will, in all probability, take the limited funds that are available from those who will need it the most. The bottom-feeder attorneys who suddenly want to declare that they care and have your best interests at heart, are simply having visions of dollar signs in their heads.

    I am also a registered nurse. Born, raised ,and educated in the good ol' USA. If you think for one minute that
    these kinds of "money-saving" practices aren't occurring at other facilities, you are sadly mistaken. When I moved here and started working in this town, I quickly learned that greed is the name of the game in the
    Las Vegas medical community. I tried several facilities and found similar problems. Rather than risk my license,
    I chose to retire from clinical nursing. Given the severe nationwide nursing shortage, it'a shame I had to make the choice to leave the profession that I took great pride in for almost 30 years. Reports of substandard practices to management were always explained as "That's how we do it here." Well, I won't risk my professional reputation for someone to cut corners to save a few pennies, so I no longer practice the profession that I loved, and I maintain a file with copies of every complaint I made regarding substandard practices that I witnessed. It's in your best interest to go out of state to obtain quality medical care.


    Drooling attorneys wrote on March 01, 2008 07:59 PM: Normally, I don't believe in suing. If ever there was a case crying for monetary compensation this is it. There won't be enough pie to go around for 40,000 victims. The most needy will be those diagnosed with a life threatening illness. Hopefully, that will be a small fraction of the 40,000. Each person is a victim, whether because of mental anguish or a diagnosed illness. The victims who become ill will be the ones left to struggle.

    For the attorneys choosing this time to advertise on these blogs --- lets not pretend that you are "helping" people for anything beyond lining your own pockets. If that were the case, you would be doing it pro bono. The only people who will be big winners in all of this will be the ambulance chasers.

    And when you fought to keep the legislature from passing a cap --- again, were you looking out for victims or your own bank accounts. Please, don't expect us to think you any less greedy than these evil doctors. Be honest enough to say "Eureka!"


    J-1 plight supporter wrote on March 01, 2008 06:46 PM: PEOPLE OF NEVADA::::They did it to J-1 doctors, there was a lot of hue and cry NOTHING happened.....now they did it to YOU (you got a worse than death sentence called HEP C.....Now WILL SOMETHING HAPPEN??????? WILL Heads ROLL???


    Sympathetic MD wrote on March 01, 2008 06:36 PM: TO MY NEVADA BRETHETN:::Check some of their investments and trusts. These goons own banks. See a recent FDIC application for Nutrust bank by Vishvinder Sharma, Bank of George by Dipak Desai, Sharda Trust, etc, etc Vishvinder Sharma also is the Medical Chief of Staff at Spring Valley Hospital. He should resign immediately. Call Spring Valley Hospital and ask CEA Karla Perez to suspend Vishvinder Sharma effective immediately before it is too late. Ask him not to lay his tainted hands on any patient in Nevada. Please impound their passports and their spouses passports and FBI please monitor their calls and whereabouts. ALSO follow the MONEY. These people have donated to lot of your local and national politicians, physician leaders, board members.. Please investigate all their donations...review recent political appointments....call for major investigations. Let us all break this MEDICAL MAFIA


    Jaldeep wrote on March 01, 2008 04:32 PM: Evil and greedy doctors including Vishvinder Sharma and Dipak Desai are some of the most cunning, clever and evil people in US. Our Creator will punish them eventually.
    Putting the lives of thousands of poor people is one of the most horrendous crimes in the history of US. These men must be detained immediately as they are flight risk. I am aware that Desai has already deposited over $78,000,000.00 US in very sophisticated investments using offshore trusts in Pune and Mumbai, India.
    V Sharma has also invested large sums of money in India.
    These men have far more money than you can ever imagine in very sophisticated trusts in Europe as well.
    These people must bring back this money to US and help the people who are at risk of long suffering and death.
    These men must be detained immediately.
    Please do something.
    Do not let these men get away with this.
    Make a difference and do something now.
    Please.


    MyersandGomel wrote on March 01, 2008 01:39 PM: Not long ago an organization named "Keep Our Doctors in Nevada" pressured the Nevada Legislature into an emergency session and persuaded the Nevada citizens to vote for medical malpractice protection, all in the name of a phony "medical malpractice crisis." Dr. Dipak Desai and the Endoscopy Center of Southern Nevada were behind the Keep Our Doctors in Nevada group, shelling out at least $25,000 to buy protection from injured patients. As a result, medical providers, INCLUDING DR. DESAI AND HIS CLINIC, are protected by caps on damage awards. Does anyone now think $350,000 is adequate compensation for the pain and suffering that will be endured by any patient of Dr. Desai who contracts HIV/AIDS, Hepatitis B, or Hepatitis C?

    Like many lawyers who represent injured medical patients, our law firm, Myers & Gomel, fought against the caps, and I can tell you this is precisely the type of situation we were concerned about when the doctors and their insurance companies used the "Keep Our Doctors in Nevada" fear campaign to achieve their selfish goal of protective caps. The truth is we shouldn't keep doctors like Dr. Desai in Nevada, and doctors like Dr. Desai don't deserve protective caps so they can practice sub-standard medicine with no fear of a jury's verdict.

    This is a real "medical malpractice crisis," and it will not be the last one unless and until doctors like Dr. Desai can be held accountable in full for the pain and suffering caused by such blatant and irresponsible malpractice. Nevada voters should demand that the doctors' special shield laws be repealed and that they be treated like the rest of us.


    SO wrote on March 01, 2008 01:00 PM: It sure is lucky for the doctors and corporations which own the Endoscopy Center for Southern Nevada that they persuaded the voters to impose an artifical "cap" on damages in malpractice cases. The unlucky patients who contract HIV or Hepatitis-C will be limited to only about $250,000 in damages, even if they die.
    Of course this might seem a little unfair to the victims. But what the heck -- it is great for the doctors and hospitals !! They really don't have to worry too much about an occasional death or serious mishap caused by negligence (malpractice), because they know their insurance companies won't have to pay more than about $250,000 -- no matter how badly injured (or even dead) the patient is.
    Is this a great country, or what??


    R.U.Kidding wrote on March 01, 2008 12:37 PM: Mabey the good doctor can spend some time in the taxpayers motel(prison).
    Mabey BuBBa could perform a colonoscopy on the Good Doctor. Hope they practice safe sex.

    My relative was supposed to have a procedure at this facility but did not feel right about the DR. or the facility and canceled the procedure.


    Denver Cowboy wrote on March 01, 2008 10:33 AM: To all affected patients--please pressure your City & Health Depts. to have the other offices from this group shut down!! These idiots will hopefully be brought up on criminal negligence charges ASAP!!


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