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Jul. 09, 2008
Copyright © Las Vegas Review-Journal

Patients' lawyers blast doctors for clinic inspection

Judge denies motion to dismiss consultants

By BRIAN HAYNES
REVIEW-JOURNAL

Hepatitis C Investigation

Two of the state's most influential doctors came under fire Tuesday when lawyers for patients suing the medical clinic linked to a hepatitis C outbreak questioned their inspection of the clinic.

Patti Wise, a lawyer with Bernstein and Associates, said Drs. Javaid Anwar and Ikram Khan should have put a stop to staffers using unsafe injection practices when they inspected the Endoscopy Center of Southern Nevada and reported their findings to health officials.

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"It's almost impossible to believe these medical professionals would go into this facility and see this happening and turn a blind eye," Wise said during a hearing on whether to dismiss Quality Care Consultants as a defendant in a pending class action lawsuit.

The Endoscopy Center hired Quality Care Consultants, which is owned by Anwar and Khan, to review its policies and procedures and make recommendations to meet national standards.

Public health officials who inspected the clinic in January observed nurse anesthetists reusing syringes and single-use vials of medication during procedures, which officials think led to the hepatitis C outbreak and potentially exposed 50,000 patients to blood-borne diseases.

Until recently Anwar was president of the Nevada State Board of Medical Examiners. He remains on the board, which licenses and disciplines the state's doctors, but has recused himself from matters related to the Endoscopy Center.

John Bailey, lawyer for Quality Care Consultants, argued that the company should be dismissed from the pending class action lawsuit by non-infected patients because it served only as a consultant to the Endoscopy Center of Southern Nevada and played no part in conducting medical procedures or changing clinic practices.

"Mere consultants are not liable for giving advice," he said.

The patients' lawyers disagreed.

Gerald Gillock said the company assumed responsibility for the clinic's practices when it took payment for the inspection and ongoing monitoring.

Attorney Ed Bernstein said he was skeptical about the true nature of the relationship between Quality Care Consultants and the Endoscopy Center, which is owned by a group of doctors including Dr. Dipak Desai.

"My gut is telling me it wasn't an inspection entity at all, and there was some other purpose for these monies," Bernstein said, noting the influential doctors involved. "I don't know exactly what it was, but we're going to find out."

After the hearing, Bernstein said he had seen three checks of $12,500 from the Endoscopy Center to Quality Care Consultants. The first two checks were written six months apart. The third check was written a few months after the second, he said.

Bailey strongly defended his clients and called the other lawyers' statements "reckless."

"It's analogous to McCarthyism to stand up and say there must be something wrong because two people know each other," Bailey said. "Don't make accusations you have absolutely no facts to support."

District Judge Allan Earl said he was skeptical of the link between Quality Care Consultants and the hepatitis outbreak but rejected the dismissal motion. He allowed the lawyer to refile the motion with more details about Quality Care Consultants' work and responsibilities at the Endoscopy Center.

"We will be back," Bailey said.

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

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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: latest hepatitis criminal outbreak info wrote on July 13, 2008 03:03 PM: Latest info: there was a quiet shuffle at the Nevada State Board of Medical Examiners. Dr.Javaid Anwar is no longer President. The new one is Charles Held, MD. Possible criminal charges to be brought against perpetrators, if negligient inspection at Desai Endoscopy Center by Quality Care Consultants. My advise to the ex President: GET READY FOR HANDCUFFS Steve wrote on July 09, 2008 08:48 PM: I have come to the conclusion every official in Nevada is corrupt. Desai is not above bribing judges. Time will tell if the judges take bribes from Desai. Cindy wrote on July 09, 2008 08:45 PM: Bernstein is right, there is something fishy about this Quality Care Company. If they were hired to inspect, then they should be allowed to be sued by non-infected patients. The duplicity and corruption is astounding and so frightening to people. Eddie wrote on July 09, 2008 12:32 PM: Still a blind eye being turned. you both are done wrote on July 09, 2008 12:12 PM: A simple google search shows that Ikram Khan and Javaid Anwar are the Principals of Quality care consultants LLC at the address: Quality Care Consultants 3006 S Maryland Pkwy # 465 Las Vegas, NV 89109 (702) 731-5003‎ (702) 734-1800 Above corporation/LLC was incorporated 4-14-2006 and got these lucrative contracts with Desai's Endoscopy "Hepatitis" Center, Sunrise Hospital, St Rose hospitals and what others??. Do these need to be investigated for any shoddy work??? Justice well served wrote on July 09, 2008 09:05 AM: I am surprised JAVAID ANWAR is still serving as the PRESIDENT of the Nevada State Board of Medical Examiners. The TRUTH is that they (KHAN and ANWAR) never inspected the Endoscopy Center. They pocketed the money to advance their own political agenda. The entire Nevada Board of Medical Examiners and wheeling dealings by such petty criminal doctors should be the focus of a broad based public inquiry. I found the quote from the above report shocking that "District Judge Allan Earl said he was skeptical of the link between Quality Care Consultants and the hepatitis outbreak." Wow, isn't that so IMPARTIAL of a judge to make such comments. That $37,500 in consultation fee have been pocketed by these CRIMINALS, for what? perhaps a bribe? Are there more funds involved.Ikram Khan and Javaid Anwar have brought DISHONOR and DISREPUTE to the medical profession. Now will you Dr. Javaid Anwar, if you have a spine that is, stand up and RESIGN as President of the Medical Board?? and what about you Ikram Khan, MR. KINGPIN you are the main wheeler dealer. In the end Justice will be well served for you.... Creative Kickbacks wrote on July 09, 2008 07:40 AM: If the Federal Government disires, they will find many "creative" methods in town for doctors to pay for patient referrals or other benefits. These things will continue regardless. No one cares enough to dig, and the politicians, even the Federal ones, get their campaign funding from these activities, ask any of them. hodnett wrote on July 09, 2008 06:34 AM: If it looks like camel dung, smells like camel dung and tastes like camel dung.........IT'S CAMEL DUNG. These are all birds of a feather.