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Health alert lawyers gather

Hearing moves endoscopy clinic cases under one District Court judge



Photo by Sara Tramiel/Review-Journal

Dozens of lawyers filled a Clark County courtroom Thursday in the first hearing related to the slew of lawsuits filed in connection with the hepatitis C cases linked to a Las Vegas endoscopy clinic.

Roughly 40 lawyers, representing patients, doctors and the Endoscopy Center of Southern Nevada, were on hand for the morning gathering before District Judge Allan Earl, who handles complex litigation cases. The day before, Chief District Judge Kathy Hardcastle ordered the more than 50 cases be moved to Earl's court for all evidentiary matters and other pretrial issues.

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  • The decision was made because the cases were scattered among as many as 20 different judicial departments. By moving the cases to one court, they will have consistent rulings and will move through the system faster, Earl said.

    The cases could still go to trial before their originally assigned judges, he said.

    "We're likely dealing with thousands upon thousands of potential plaintiffs," Earl said.

    Health officials have said at least six people contracted hepatitis C during procedures at the clinic because staff contaminated single-use vials of medication and used them among multiple patients. The Southern Nevada Health District has urged 40,000 clinic patients to get tested for possible exposure to hepatitis and HIV.

    At an afternoon hearing, lawyers for patients said they had agreed to support a single class-action case for the thousands of Endoscopy Center of Southern Nevada patients who were not infected because of unsafe medical practices.

    The lawyers, including Ed Bernstein and Robert Eglet, made the agreement because the single case was the first filed and was simpler, involving just two plaintiffs and one defendant, the endoscopy clinic, said Will Kemp, a veteran class-action case lawyer who filed the first class-action suit related to the outbreak.

    The lawyers also plan to work together to create a model lawsuit complaint for cases involving infected patients.

    Lawyers estimate they already have 225 clients who have tested positive for hepatitis or HIV.

    No hearing date was set to argue about certifying the class action lawsuit. An April 28 hearing was set on motions to prevent the doctors or their corporations from transferring assets.

    In the next week or so, Earl plans to appoint a lawyer as a special master to settle evidentiary disputes and other issues that come up. A special master is available on short notice, so the cases can move forward faster.

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



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    RJNeedsAnEditor wrote on March 21, 2008 10:53 PM: No doubt, Bunch of Bull, you've spent some long hours thinking about what's beneath her robes. I don't think you're her type though. Plus, she's married.


    Bunch of Bull wrote on March 21, 2008 09:25 PM: When you sell your soul for pennies you get what you get.

    You should hook Saitta up with Desai. I heard he was driving a old Honda.

    I bet Desai could get her a heck of a deal on her next cosmetic surgery procedure. Next time she might want to concentrate below her chin everything beyond that point resembles a Shar pei.
    And I appologize to the dog.


    RJNeedsAnEditor wrote on March 21, 2008 08:39 PM: Honestly, Bunch of Bull, you should thank your mother for your name. She hit the nail on the head.

    Saitta is one of the more talented Supreme Court Justices. I think oldlawdawg should challenge her in the next election. My guess is she would send that barking, slobbering, senile old canine to the vet hospital without even messing up her nails.

    I do believe the Legislature should censure Saitta for driving a vehicle unbecoming of a Supreme Court Justice. I'm not kidding when I tell you she has the ugliest car in the state. I'm sure that when people see her on the freeway in the morning, they think she's on the way to her job as a clerk at a Dollar Store somewhere near Lamb and Craig.

    By the way Bunch of Bull, isn't it your turn to p00per-scoop for oldlawdawg? I hope you brought a big bag. He's done a lot of duty on the court house lawn.


    More Cases Reported wrote on March 21, 2008 07:13 PM: As we get our positive blood tests back-

    Yea, though I walk through the valley of the shadow of death, I will fear no evil: for thou art with me; thy rod and thy staff they comfort me—Psalm 23:4.


    Bunch of Bull wrote on March 21, 2008 06:39 PM: oldlawdawg, speaking of Thalgott, he is in business with his attorney George Kelesis. Kelesis also happens to be Mike Cherry's old law partner. Interesting that Cherry, Earl and Saitta were the CD department.

    On another note, I miss typed Dipak in my prior post. I still am wondering how Kemp who represented Desai in 2005 can now represent these victims.

    William Coulthard, I remember years ago an attorney with the same name got into his car at a downtown bank parking garage and the car blew up killing him. I can't remember if that case was ever solved. I guess this is his son?

    Well oldlawdawg, you must be hitting some nerves. Saitta's ole friend and defender RJNeedsAnEditor has reared his ugly head. Or maybe, a friend of the three amigos Cherry, Saitta and Earl.


    RJNeedsAnEditor wrote on March 21, 2008 06:13 PM: Hmmm, "moron"? That's it?? That's yer best shot??

    Oldlawdawg, is that the kind of argument you use in the court room? Is that an advanced argument technique? My kids say stuff like that but they're 6 and 8.

    Maybe that's why the judges kinda take you with a grain of salt.

    Stop barking and p00ping on the court house lawn. That would go a long way toward improving your image with judges. Maybe you're not Pekingese or Chihuahua; maybe you're a little yappy Sh1+zhu. Sorry about the pun.


    oldlawdawg wrote on March 21, 2008 04:45 PM: RJNeedsAnEditor by any other name is still a moron.


    Pekingese of Chihuahua? wrote on March 21, 2008 03:47 PM: Oldlawdawg, what species are you? I'm guessing your a little yappy lap dog. Are you Pekingese or Chihuahua?

    Maybe the judges would treat you more fairly if you quit p00ping on the court house lawn.


    bear wrote on March 21, 2008 03:45 PM: You mean, some judges are not honest? What per cent of people in the legal system are honest? The legal system has nothing to do with justice, I think.


    oldlawdawg wrote on March 21, 2008 03:15 PM: It is not my intention to submit innuendo. Unfortunately,recounting facts of the cases and the nature of the rulings I refer to would take many pages.

    I have no desire to unfairly ridicule Judge Earl. In fact,I have liked and respected him for many years. I feel betrayed by recent events and the 'dots' that cannot help but be connected. I know I am far from alone in feeling this way. I do not want to think such things of Alan Earl. No matter how corrupt the rest of our judiciary may or may not be,I always viewed him as a good man. Perhaps a bit 'odd' and often awkward,and sometimes even misguided,but never dishonest or corrupt. I am,however,left with no other choice as his lapses are not only truly egregious,but just plain dangerous because he truly believes that his religeous devotion and status in the Mormon church not only set him above the cannons of judical ethics,but is a sufficient reason for the citizens of Nevada to simply give him a 'pass' on a failure to disclose obvious potential conflicts spanning almost the entire time he has sat on the comnplex litigation panel hearing CD cases. My mind reels when I consider the hundreds of millions of dollars spent in settlment of cases by parties with no idea of his potential conflicts,each of which had an absolute right to recuse him from the case. But if he had made the required disclosure,he would most likely have been removed from the complex litigation panel. Yet he cannot understand why anybody would ever think he would have entertained such thoughts since he is such a devout Mormon.

    Finally,insurance does NOT cover a large portion of spinal cord stimulator implant surgery,the goose that lays golden eggs for PI lawyers. Ask Awand and Eglet.


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