Hepatitis crisis not on Congress' radar - News

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Apr. 03, 2008
Copyright © Las Vegas Review-Journal

Hepatitis crisis not on Congress' radar

Little interest shown despite CDC warnings of broad implications

By STEVE TETREAULT
STEPHENS WASHINGTON BUREAU

Hepatitis C Investigation

Photo by Ronda Churchill

WASHINGTON -- The health crisis created by unsafe practices documented at the Endoscopy Clinic of Southern Nevada has commanded public attention in Las Vegas. But as far as grabbing the lapels of Congress, that is quite another thing.

More than a month after warnings went out to 40,000 patients to be tested for HIV and hepatitis strains, Nevada lawmakers are trying to persuade colleagues to take note of the largest notification of its kind in U.S. history.

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But efforts to interest House and Senate committees to sponsor hearings on the episode in the context of others where questionable activities by doctors led to disease outbreaks have yielded no fruit so far.

If anything, the inquiries have raised questions as to whether Congress should have any investigations role at all in the matter, several lawmakers said Wednesday.

Rep. Shelley Berkley, D-Nev., has discussed hearings with Rep. Frank Pallone, D-N.J., House health subcommittee chairman, and has written to investigations chairman Rep. Bart Stupak, D-Mich.

Berkley said she is awaiting a decision from Pallone. But the chairman has asked some surprising questions.

"Is this situation particular to Southern Nevada? It was particularly egregious and we all agree about that but does it have national implications? Does this happen in other clinics across the country, and how much authority does Congress have in regulating these issues?" Berkley said. "That is the gentleman's question.

"When I spoke to (Pallone) initially, he said this was an issue he tried to move forward a few years ago and he got zero interest," Berkley said. "He wanted to know why now would there be more interest in Congress."

Sen. John Ensign, R-Nev., said he has received the same reception in the Senate.

"They think it is a Nevada problem," Ensign said.

Ensign did not say who told him that. He declined through his staff to elaborate, and a spokesman said he was still working on it.

"We hope it is not a national problem, and that is why there has been some pushback," said Sen. Harry Reid, the Senate majority leader. "Until there is more evidence this is a national problem, I don't think you are going to have a lot of members of Congress diving into this."

So far, seven cases of hepatitis C have been traced to practices at the Endoscopy Center's Shadow Lane clinic and other ambulatory surgical centers operated by Dr. Dipak Desai.

Among unsafe practices, investigators found personnel were reusing syringes and were using single-use vials of anesthesia medication on multiple patients.

The Centers for Disease Control and Prevention, which has been assisting state, local and federal authorities, considers the Las Vegas clinic practices an issue with broad implications, spokeswoman Christine Pearson said, citing comments by the agency's director, Dr. Julie Gerberding.

In a March 3 telephone call with reporters, Gerberding said the hepatitis C outbreak in Las Vegas may be just a glimpse of safety problems around the country.

"Unfortunately we have seen other large-scale situations where similar practices have led to patient exposures," Gerberding said. "Our concern is that this could represent the tip of an iceberg and we need to be much more aggressive about alerting clinicians about how improper this practice is."

Dr. Sidney Wolfe, a health care activist and director of Public Citizen's Health Research Group, questioned whether federal hearings would be warranted on an issue of medical malfeasance that, if anything, should be more closely regulated by authorities in Nevada.

"For better or worse, states regulate doctors," Wolfe said. "There are enough issues here in Washington that clearly are in the domain of federal legislation that Congress should be holding hearings on.

"It is hard to justify to hold a hearing they have no jurisdiction over."

In letters to Pallone and Stupak, Berkley contended the Las Vegas clinic scandal "is far from an isolated case."

In 2002, 99 patients at a cancer clinic in Fremont, Neb., became infected with hepatitis C, the largest such outbreak to date.

The Nebraska incident received a fresh wave of media attention in February, prompting Rep. Jeff Fortenberry, R-Neb., on Feb. 25 to request House hearings on medical errors that lead to disease spread.

In the past year, 4,500 patients in New York City were advised to be tested for hepatitis C as a result of the practices of an anesthesiologist who participated in their endoscopy procedures.

Also in New York, testing recommendations were issued to 10,400 patients who got treatment at a pain management clinic in Plainview. The health department discovered problems in January 2005 but delayed in broadcasting the warnings.

In Grand Rapids, Mich., the Kent County Health Department notified 13,500 patients of a local dermatologist that syringes had been reused and other unsanitary practices had been discovered.

Days before the Las Vegas clinic was exposed, Rep. Anthony Weiner, D-N.Y., coincidentally petitioned for House hearings to examine accidental hepatitis infections associated with misuse of syringes and multi-use vials.

Berkley said her request for hearings has been hampered by House scheduling and she expects a decision now that Congress has returned from a two-week recess.

Richard Urey, Berkley's chief of staff, said he heard talk that the Las Vegas health alert "is so egregious that it could only be in Nevada."

"We don't believe that is true but we have to find out," Urey said. "If we know of Nevada and Minnesota and Seattle, and if we know it is in New York, how many don't we know about? To say this is only in Nevada and that is why we are not having hearings, that is bullshit."

Contact Stephens Washington Bureau Chief Steve Tetreault at stetreault@stephensmedia.com or (202) 783-1760.

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Please enter your name Name: Please enter your email Email: Please enter a comment COMMENTS : (word count limit is 300) You have reached the maximum number of words allowed Current Word Count: Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background. Jim wrote on April 03, 2008 09:02 PM: To" embarrassed 4U You need to wake up. Homeowners don't need Reids help or anyone else, he is out to help HOME RENTERS. That is all they are and all they will ever be. Nothing down and all equity spent, so they have no vested interest in the homes makes them nothing more than a renter. What if you rent an apt and don't pay the rent, you get evicted, no bailout, no help etc. This is no different. They convinced someone to give them a ridiculous loan amount, they knew they could not afford without the teaser rate and now they are stuck, but will lose nothing as they have only been paying rent. Reid is calling it a crisis just to make it look like he is really helping, but only wants to convert them to bleeding heart liberals like yourself. You mention Wall Steet, if it were not for Wall Street people, you npr I nor a lot of people would never get a loan to buy homes, cars, etc. Don't hate the rich just because you are not rich, just try to be rich like them, what is stopping you???? Anyone can invest in Wall Street. Don't knock people who took a chance and suceeded. I guarantee you, you will never get a job or a loan from a poor man. Working Americans are getting tired of bailing folks out for every conceivable situation they get themselves into because of bad choices or lifestyles. These kind of people don't want anybody to criticize them or caution them about bad choices, but then come crying for help when things don't work out. We need to exercise some TOUGH LOVE for these folks. A Public Servant Forever wrote on April 03, 2008 08:46 PM: What is happening here in Nevada is absolutely serious. In fact, these events could have just as well happened in many other states, and probably are occurring in many other states, we just don't know about those states as well as we know about the circumstances here in Nevada. There are many infectious diseases out there right now that are on the rise, and if we don't grab ahold of fully, and thoroughly controling the spread of these diseases, these diseases will continue to spread from one end of the country to the next, and on to other parts of the world. So our representatives should be aware that what might not have a profound affect on you today, may affect you tomorrow. When?? When will our Congressional representatives stand up and take notice, and see the BIG PICTURE here, and what these events are really all about. Tom wrote on April 03, 2008 08:35 PM: I now live in Phoenix because the health care is HORRIBLE in Las Vegas - my son is on dialysis and had NOTHING but problems. I am 53 and had a colonospy done at that clinic and have received my letter - you are supposed to take care of yourself right? Then you find out you may have been ok from the test only to find out you may have been infected by the people who were supposed to be there to help protect you - THANKS so much - like everything else today who cares about the innocent people!!!!!!!!!!! embarassed for you wrote on April 03, 2008 06:38 PM: What a bunch of ignoramuses you are. Before you keep banging away blindly at the keyboard, why don't you get the facts straight? Read the article - Reid has been trying to make the rest of Congress care. And Jimbo, he's the one who's been pushing for Congress to help individual homeowners, not Wall Street like Republicans. What a sad commentary on the state of public discourse in Nevada you all represent. Of course, the editorial & reporting goonies on the LVRJ staff aren't known to be Pulitzer material... Jim wrote on April 03, 2008 06:17 PM: I also understand that 2, maybe 3 of PINKY REID'S sons are lobbyist in Washington with huge salaries. I wonder what they lobby for. I agree with the writer, soon as they can figure an angle to blame Bush or Cheny, they will be all over it and then it will just disappear as they are incapable of finishing anything. They get all excited and blow a lot of hot air and then it turns out to be nothing and then they jump Bush for at least trying to go after the terrorists. Art Caprario wrote on April 03, 2008 06:00 PM: Thank you Mr. Urey! undr cvr wrote on April 03, 2008 04:50 PM: truth, There's two ways to view what you said. The Truth wrote on April 03, 2008 04:41 PM: The reason no word from our dear friends in Washington DC is that the dirtbag Reid is in the pocket of the Dirty Doctors! Follow the money, and you will see how corrupt this Reid character has become.This, smells baby smells to high hell! spike wrote on April 03, 2008 04:18 PM: so why would I rather stick pins in my eyes befor I spoke to Porter? Could it be that really he does a very substandard job for the District? As for Berkley her own daughter was part of the crisis, I would like to think that her daughter was not a sacrificial lamb for Desai As far as Ensign and that Buffoon Gibbons they are a waste in my book.I promise my voice will be heard loud and clear on election day! endrun wrote on April 03, 2008 04:08 PM: spike, Porter is only part of the problem...Berkley, Ensign, Gibbons, the entire legislature, the Nevada Supreme Court, the attorney general and the hell hole judicial system... Democrat or Republican have done the people of Nevada wrong and need to go in the next couple of elections. These people have done nothing for the State of Nevada but run it into the ground at the expense of the people of Nevada's expense, schools, roads, courts, everything is in flames. Nevada voters need to vote them all out. Read All Comments