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PUBLIC HEALTH CRISIS: Judge temporarily bans Desai

Doctor can't practice pending resolution of complaint







A judge Tuesday afternoon signed an order prohibiting a doctor linked to the hepatitis C outbreak from practicing medicine, pending resolution of a Nevada State Board of Medical Examiners' complaint against him.

District Judge David Wall signed the temporary restraining order against Dr. Dipak Desai, stating in the order that "imminent and irreparable harm will result" if it isn't immediately issued.

The order was requested Monday by state Attorney General Catherine Cortez Masto on behalf of the state medical board, which had cited a need to "protect the public from further harm."

Wall also stated in the order that the attorney general's office had "demonstrated a likelihood of success" in its request.


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  • An attorney for Desai, whose Endoscopy Center of Southern Nevada is at the center of the region's health crisis, could not be reached for comment Tuesday night.

    Wall is scheduled on May 8 to decide whether he will issue a preliminary injunction against Desai.

    In an informal agreement brokered by medical board president Dr. Javaid Anwar, Desai had voluntarily agreed to stop practicing medicine during the board's investigation. Desai, a longtime friend and business associate of Anwar, was allowed to keep his license and potentially practice outside Nevada.

    The attorney general's office also requested Monday a temporary restraining order against Eladio Carrera, a co-owner of the endoscopy center on Shadow Lane with Desai and two other physicians. That request, before District Judge James Bixler, was still pending Tuesday.

    Authorities said unsafe practices at the center led to the outbreak. The attorney general states that despite clear warnings, the endoscopy center, as a practice, reused vials of anesthesia and reused syringes, court documents state.

    The complaints against Desai and Carrera claim that they performed medical procedures on three patients who were infected with hepatitis C, a potentially deadly liver disease.

    Investigators with the Southern Nevada Health District think six patients contracted the disease when nurse anesthetists reused syringes on infected patients and contaminated single-use vials of anesthesia that were used on multiple patients.

    The outbreak led public health officials to notify 40,000 clinic patients of possible exposure to blood-borne diseases, including hepatitis and HIV.

    Health officials have since linked a seventh hepatitis C case to the Shadow Lane clinic and an eighth case to an affiliated clinic, the Desert Shadow Endoscopy Center at 4275 Burnham Ave.

    Officials have yet to issue a patient notification with the Burnham clinic because they haven't gained access to the needed medical records.

    On Friday, Assemblywoman Sheila Leslie, D-Reno, and state Sen. Steven Horsford, D-Las Vegas, sent Gov. Jim Gibbons a letter asking him to urge the Board of Medical Examiners to suspend licenses of physicians associated with the hepatitis C outbreak. They also pushed the governor to appoint a special counsel to investigate the doctors.

    Gibbons' press secretary said the governor would look into whether he has the legal authority to appoint a special counsel.

    The FBI, Las Vegas police, attorney general's office, Clark County District Attorney and state medical board are involved in a criminal probe into the outbreak.

    Contact reporter David Kihara at dkihara@reviewjournal.com or 702-380-1039.



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    Fred Frazzetta wrote on May 05, 2008 09:19 AM: Would somebody explain to me why Senator Reid is looking for Federal Funds to help with our Medical Crisis? We know who caused the problem...Dr. Desai and his group of uncaring Doctors - why not have them pay for it? That is right - Dr. Desai is friends with Senator Reid, and a long list of other very influential people, which as we know makes it very difficult in this state to get justice for us common folk. This was without question a willful act by Dr. Desai, and because of this his assets should be seized or frozen until this is finished in a court of law.

    He tried to pay off his two Mercedes and have them shipped to Dubai...it seems like he has not a care in the world. The public should not have to pay one penny for any of this. Dr. Desai and his band of renegades should foot the bill for every last cent. All of the doctors and nurses that were involved in this should have their licenses taken away until the disposition of this case is final...all doctors & nurses.

    Harrah's & Dr. Desai should join forces as they both have the very same ethical standards...NONE! Harrah's illegally remodeled their hotel rooms and left every room unsafe for their guests for many years. In the process, Harrah's exposed their workers & guests to asbestos during the course of their illegal remodel projects...knowingly & willfully. Yeah, Desai & Harrah's should partner up...maybe put endoscopy clinics right in their hotels or possible offer room service.

    Can you see the theme here? The laws of this state do not apply to everyone equally, and if you have a lot of money they don't apply at all. They both should be prosecuted for willful acts...


    confused wrote on April 30, 2008 09:44 PM: Hi concerned physician
    Are u Lopez?? hhahha or just a competing GI doc. Why not have the guts to say your name as per you all you are doing is public service.....a hol........e


    Concerned Physician wrote on April 30, 2008 08:35 PM: This whole process is being handled very poorly. All of the GI doctors in the practice should have their licenses suspended pending completion of the medical board and criminal investigation. It does not make sense to allow these physicians to continue to see patients and cause further harm to Nevada citizens. We need to stand up for the rights of the citizens and stop protecting these physicians.
    Until the physicians involved cooperate with the state medical board, they should automatically be barred from practicing in Nevada and all other parts of the US.
    Our medical community is already very stressed by numerous factors, but this scandal has created great distrust of physicians in the local community. It is time for the State Medical Board to put a stop to this circus. Suspend all licenses of the involved physicians and CRNAs that worked in the GI group until they are individually cleared.


    o.k. wrote on April 30, 2008 04:34 PM: So ok if the government cant or wont stop them from leaving the country,what can we as the consumer.public do to prevent it?


    John Q. Public wrote on April 30, 2008 04:27 PM: Of course the authorities are going to let Dr Desai leave the country, they don't want to do anything about this anyway, now it will just all go away and the people infected, well they can just suck it up.

    Justice for no one in Nevada


    WHAT wrote on April 30, 2008 03:00 PM: The writing is on the wall! What part don;t they understand. Desai is looking to relocate and our government is looking the other way!Come on Rogers do your job lock all of them up.This makes me sick!Again health care @ its best. Maybe with the rebate check we can pay for lab work!


    AngryGastroenterologist wrote on April 30, 2008 02:55 PM: Let Dr. Death-Sai go practice on the crooks hiding in Dubai. Maybe he can practice his 3rd world medicine on Dick Cheney, Halliburton exec's, and the other scum that hide there.


    Disgraceful wrote on April 30, 2008 02:47 PM: All boils down to the same old common denominator. Those that have big money can do as they please. They just pay off the cops, judges, and politicians. This is nothing new. It is the way things have always been. The only person these bastards will ever have to answer to is their maker.

    Really!! TEMPORARILY SUSPEND THEIR LICENSE. If this would have been any regular business, they would have had their license revoked and never ever been able to get one again. Remember, MONEY TALKS!!


    Important petition wrote on April 30, 2008 01:12 PM: Nevadans! Sign this petition to stand up for what's right.

    http://www.petitiononline.com/CSNVote/

    Click here to sign the petition.

    We, the undersigned, object to the process used to select Dr. Michael D. Richards as the College of Southern Nevada President. First, Dr. Michael D. Richards signed a contract to become the Interim President and the contract stipulated that he would not become a candidate for the permanent job. When the national job search was conducted candidates applied for the job based on that good faith assumption.

    Secondly, Dr. Richards broke his contract and then did not follow nationally published procedures to enter the candidate pool. Specifically, he joined the pool after the search closed, and was therefore able to forego competing with the other candidates to become a finalist.

    We strongly feel that two better-qualified finalists for the job were passed over in favor of Interim President Mike Richards who was by far the weakest and least experienced of the three finalists.

    Since it has become apparent that Dr. Richards might not enjoy the majority support of the CSN faculty, we request that at your upcoming May 1 meeting you ask for a vote of confidence from the CSN faculty before you nominate Dr. Richards as CSN President.

    Sincerely,

    The Undersigned


    rno wrote on April 30, 2008 12:49 PM: Clearly Dr. Desai is planning a move outsode the USA. The story being reported about him buying two new Mercedes to ship to Dubai are pretty well substantiated. The NV AG had better contact the Dept of Homeland Security and get his passport secured. He likely is going to owe Medicare tens of millions of dollars for fraudulent billing, and likely also is the kind to commit massive IRS fraud. He needs to be incarcerated and his assetts seized as he has now essentially declared himself a flight risk.

    Where will the money come from to pay for the care of the patients he has infected with Hepatitis C if he and Mrs. Desai are living it up in luxury in Dubai?


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