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Mar. 12, 2008
Copyright © Las Vegas Review-Journal

Lawsuit alleges complaints not investigated

Doctors who revealed problems were pressured to leave Nevada, lawyer says

By BRIAN HAYNES
REVIEW-JOURNAL
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Years before a hepatitis C outbreak put Dr. Dipak Desai and his clinic's unsafe medical practices in the headlines, two doctors had complained to the state medical board about similar problems at his clinics, a Las Vegas lawyer said Tuesday.

But those complaints were never investigated, and the two doctors were eventually pressured to leave the state, Robert Eglet said.

"They were essentially told to forget about it," he said, adding that Desai sat on the Nevada State Board of Medical Examiners at the time.

Desai served on the board from 1993 to 2001 after being appointed by then-Gov. Bob Miller to two four-year terms.

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    • The allegation is one of many in a medical malpractice and negligence lawsuit filed Tuesday by Eglet on behalf of 10 patients at the Endoscopy Center of Southern Nevada. The suit's defendants include Desai, his clinics, other doctors who worked at the clinics, state health officials and the medical board.

    Eglet would not name the two doctors or provide additional details about their allegations.

    Eglet has filed more than two dozen class-action lawsuits on behalf of hundreds of the 40,000 clinic patients who were potentially exposed to HIV and hepatitis strains B and C because of unsafe medical practices at the facility.

    Health officials have linked six hepatitis C cases to the endoscopy center at 700 Shadow Lane. A public health investigation discovered nurse anesthetists reused syringes on patients with the potentially deadly infection and contaminated single-use vials of medication used on multiple patients, which spread the infection.

    Clinic staffers told health investigators they were ordered to reuse supplies to save money, according to a city of Las Vegas administrator.

    As a result of the public health investigation, local, state and federal authorities have opened a wide-ranging criminal investigation into possible medical negligence and insurance fraud at the endoscopy center and its related medical offices.

    "There's never been anything on this scale," Eglet said of the public health notification.

    The lawsuit also accuses government officials of negligence for failing to perform regular inspections of the medical clinics.

    The U.S. Centers for Medicare and Medicaid Services recommends ambulatory surgery centers, such as the endoscopy center, be inspected every six years if they have Medicare contracts, agency spokesman Jack Cheevers said.

    Those inspections are carried out by the Nevada Bureau of Licensure and Certification.

    State officials inspected the Endoscopy Center of Southern Nevada on Jan. 9 after the hepatitis C cases were linked to the clinic, but the last full inspection before then was in 2001, bureau chief Lisa Jones said.

    Since news of the outbreak went public two weeks ago, clinic patients have filed 50 lawsuits against the center and its doctors.

    The bulk of those suits have been filed by Eglet, who said he already has more than 1,700 clients and another 1,000 appointments with potential clients this week. About 30 of those clients have tested positive for HIV or hepatitis strains B and C, he said.

    Brian Labus, a senior epidemiologist for the Southern Nevada Health District, estimated that of the 40,000 clinic patients, about 4 percent would have pre-existing infections of hepatitis C, half a percent hepatitis B, and less than half a percent HIV. Four out of five people with hepatitis C don't experience symptoms and won't know they're infected unless tested.

    Medical board Executive Director Tony Clark said he couldn't comment on the lawsuit filed Tuesday or the allegation that the board failed to investigate earlier complaints.

    "Any complaints that come to the board are fully investigated," Clark said, who has had his position since 2003.

    Complaints to the board go through several layers of investigation and review before becoming a formal complaint. If a doctor is never brought up on a formal complaint, the allegation remains secret, Clark said.

    Desai has not spoken publicly about the current allegations, but in a statement released Monday he said he shared "our community's sorrow and concern" for the affected.

    "These unfounded allegations will be addressed in a court of law, when facts have been presented and substantiated," the statement said. "I look forward to that day, when I will be afforded the right to due process to which we are all entitled as Americans."

    Review-Journal writer Annette Wells contributed to this report. Contact reporter Brian Haynes at bhaynes@reviewjournal.com or (702) 383-0281.

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    whaddamess wrote on March 13, 2008 08:36 AM: I pulled up the story on Channel 8. This is exactly what can't continue to happen in Las Vegas. UMC awards Desai such a large contract (he was the only game in town according to them?!) I don't buy this one for a minute. We paid a doctor to send himself 1481 patients to his own clinic from UMC and in exchange he got 990K? Payment for referrals to himself is wrong. Let's see what he really did for the hospital or is it more palm greasing for political reasons. I think they should check into all hospitals and see who their preferred (paid) docs are and who aren't. Go see the one's who aren't.


    A.W. wrote on March 13, 2008 02:25 AM: I try to be optimistic, but do we really still think that those who are in the position to monitor or investigate doctors or lawyers, do so? Just take a look around. Its time that we as Americans see the big picture. In my opinion, ethics are at an all-time-low. It is money and power that has been and still is running this country!


    Proctologist wrote on March 12, 2008 05:19 PM: It just gets better. Not only did the good Doctors bend over the 40,000,, they bent over the rest of the Clark County taxpayers !!! See the channel 8 link and pull up the story.

    http://www.klas-tv.com/

    UMC Severs Expensive Contract with Desai


    John is a genius wrote on March 12, 2008 04:48 PM: John,

    Your comment about Shawnta is really "witty." I didn't think they let third graders post on here, but apparently I'm wrong. Why not try to post something that doesn't make people more stupid after reading it? Take a recorder and record your self for a day and listen to your self....you'll be amazed.


    Proctologist wrote on March 12, 2008 04:38 PM: Looks like things are quieting down. Barely a mention on the news tonight.


    wha? wrote on March 12, 2008 04:09 PM: How does this work?

    Eglet is a bad guy on the same day in the Las Vegas Sun and seemingly a good guy in this article only a few pages away?

    Huh??


    GOD wrote on March 12, 2008 03:42 PM: Dr. Death has made Las Vegas the
    New Delhi of America with his medical expertise.


    endrun wrote on March 12, 2008 03:35 PM: http://www.lasvegassun.com/news/2008/mar/06/rizzolo-halfway-house-blocks-club-he-owned/

    'At the fraud and money laundering trial of personal injury attorney Noel Gage, the wife of a key government witness placed lawyers Robert Eglet and Robert Vannah in the “inner circle” of medical consultant Howard Awand, the central figure in an FBI probe into a massive scheme that allowed a few attorneys and physicians to line their pockets at the expense of the victims in malpractice cases.'


    investigate wrote on March 12, 2008 03:22 PM: GET TESTED, GET A POLICE REPORT, just dont to Henderson, you might get shot!!!

    Question, Seems Robert Eglet is tied into a few things around town including something to do with Cherry?

    Business as Usual,
    If RICO was strictly enforced in Las Vegas it would be a ghost town is short order.'

    The RICO tool together with the Patriot Act should open up some unbelievable possibilties and a new use for Yucca Mountain? a waste dump for corrupt officials and accomplices.


    John wrote on March 12, 2008 02:34 PM: Let me tell you who should REALLY be prosecuted:
    Whoever gave their kid the name "Shawnta", now THAT is who should be put in jail...


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