MEDICAL EXAMINERS: Stroke delays hepatitis hearing - News

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Jul. 31, 2008
Copyright © Las Vegas Review-Journal

MEDICAL EXAMINERS: Stroke delays hepatitis hearing

Attorneys say Desai can't participate in defense

By PAUL HARASIM
REVIEW-JOURNAL

Hepatitis C Investigation

Dipak Desai
Owner of Endoscopy Center of Southern Nevada had stroke within past two weeks

A recent stroke suffered by Dr. Dipak Desai, 58, has forced the Nevada State Board of Medical Examiners to postpone a September disciplinary hearing for the physician, whose clinics are linked to a hepatitis outbreak in Las Vegas.

Medical records shared with a board physician by Desai's attorneys, according to Tony Clark, the board's executive director, "indicate an inability to participate in a defense for himself at this time."

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Clark said the board physician, Dr. Jerry Calvanese, who was not made available to the media, told him that "there are some items, like a watch, that he (Desai) can't name."

The stroke occurred within the past two weeks in California, Clark said.

"He was in intensive care for less than a week at UCLA Medical Center, and then his family brought him home," Clark said.

A stroke occurs when a blood vessel bringing oxygen and blood to the brain ruptures or gets blocked so brain cells don't get the flow of blood they need.

How a stroke patient is affected depends on where the stroke occurs in the brain and how severely the brain is damaged, according to Dr. Dale Carrison, head of emergency medicine at University Medical Center.

Carrison said that when brain cells die during a stroke, abilities controlled by that area of the brain are lost.

Those abilities can include speech, movement and memory.

Because he hasn't worked with the patient or seen the MRI brain imaging exam that Calvanese studied, Carrison said it's impossible to know whether the symptoms described by the board physician are evidence of a speech or memory problem.

Rehabilitation often makes it possible for someone who has had a stroke to overcome the difficulties now associated with Desai, Carrison said.

But he said it also is possible that a stroke victim "might not ever get over it."

Without seeing the patient, he said, it's impossible to know how long rehabilitation might take.

Clark said a status check will be held on Desai's case in late September.

"At that time, the board may ask him to submit to an exam by one of our physicians so we can determine the extent of his problem" Clark said.

This was Desai's second stroke. Associates of Desai say that his first, suffered last year on a trip to India, was minor and left him with no residual effects.

However, that first stroke delayed another legal action against Desai's clinic and one of the physicians on his staff, Dr. Clifford Carrol.

Patient Keven Rexford had filed a malpractice lawsuit, alleging that a frenetic pace of procedures at Desai's Endoscopy Center of Southern Nevada led Carrol to miss a tumor growing in his colon during a colonoscopy in January 2005.

Health officials sent out warnings to tens of thousands of patients after they announced in February that unsafe injection practices had been linked to an initial cluster of six hepatitis C cases at the Endoscopy Center's 700 Shadow Lane facility.

Legal documents in Rexford's case show that a November 2007 deposition was canceled after a stroke Desai suffered the previous month.

Desai's attorney, Cheryl Horner, informed Rexford's attorney, Daniel Carvalho, in January that Desai could testify for only 60 minutes because of what the stress would do to him.

In a motion to compel Desai to testify in February, Carvalho noted that the clinic's chief operating officer, Tonya Rushing, testified in her January deposition that Desai had been performing endoscopic surgical procedures at his clinic since his stroke.

"It is difficult to comprehend that he (Desai) can perform multiple endoscopic surgical procedures upon patients under anesthesia with the risk of death, perforation and other complications, but cannot answer questions for longer than a self-imposed 60 minute time limit," Carvalho wrote in his motion.

Under oath during his February deposition, Desai also noted that he had been performing surgical procedures since his stroke.

Rexford's case was settled in April. Terms were not disclosed.

"It was a strange case," Carvalho said.

Contact reporter Paul Harasim at pharasim@reviewjournal.com or 702-387-2908.

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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. Chris R wrote on August 03, 2008 12:16 PM: Larry - grow up you idiot. I have seen Dr. Desai with my own eyes since his stroke and he DEFINITELY had a stroke. No cover up here at all. Wow. The man suffers his second stroke in a year and the whole world either a. thinks he's faking it or b. wishes him the worst outcome possible. What is the point of being humans if we cannot have basic compassion for others? Mob mentality and retributive justice are the norm on this blog and it makes me sick. Larry wrote on July 31, 2008 08:39 PM: Oh golly gee, what a coincidence that this is the SECOND time this murderer has faked a stroke to evade testifying in court. Of course Tony Clark would buy into it, his "quality control" company was SUPPOSED to be overseeing that killer. Tony CLark is complicit in this and is up to his eyebrows in it. But Tony Clark is still running the State Medical Board. Thank you Governor Gibbons, you moron. Cindy wrote on July 31, 2008 08:29 PM: Why does this news not surprise me in the least? The next thing we will hear is Dr Desai has suffered an untimely death. As he is smuggled out of the country back to India. Pathetic. The coverup and corruption continues unabated, business as usual in Nevada. joe wrote on July 31, 2008 06:48 PM: Tingh, please wake up. The color of Dr. Desai's skin has nothing to do with the huge amount of media coverage regarding this. The fact that 40,000 patients had to be notified and tested because of the criminal practices of Desai's surgical center, which is the largest medical notification of it's kind in United States history, is why this gets so much attention. Stop trying to put your racist spin on this. Your prejudical assumptions distort your comprehension of the magnitude of Dr. Desai's carelessness and greed. Defending someone solely based on their race regardless of their actions is just as racist as attacking someone solely for the color of their skin. EVERYONE involved in this who is found criminally neglegent deserves the harshest punishment possible, regardless of their race. Your "O.J." defense is old and played out. My way wrote on July 31, 2008 05:25 PM: I'll just continue to go out of state (outside Nevada) for my medical care. Nevada just doesn't care about the quality of medical care! Have a nice day (: aaron wrote on July 31, 2008 04:27 PM: Who cares what the Medical Board was going to do. They haven't done anything before, and they weren't going to do anything now. Real justice will be found in criminal court. TJ Moore wrote on July 31, 2008 04:20 PM: If he really is suffering a stroke, it doesn't matter because his negligence and unsafe practices happened before these so called strokes and the strokes had nothing to do with the way he practiced medicine. Perhaps if it is true it is Karma biting him in the rump. Mother Nature's way of assuring the doctor practices no more. If it is a game, then the law should tack on obstruction of justice charges, and anything else that is applicable. I personally don't believe it, the timing is way too convenient. To Tingh- wrote on July 31, 2008 02:31 PM: Karma baby. Stick ip for Dr. Pig all you want sweetheart. What comes around goes around. Kennedy wrote on July 31, 2008 01:34 PM: Befor I was assaulted by DePig I had to sign a post procedure list On that list I remember that I could.nt drive or sign any legal documents for atleast 24hrs Who can tell me how he was able to assault others by doing procedures driving a car signing checks etc. But can.t recognize a watch all within a week of having a stroke John Hurd wrote on July 31, 2008 01:17 PM: Everybody--please remember, you can file a complaint against The Great Healer's NURSES (file with the Nevada Board of Nursing.) Linda Hubbard , Keith Mathahs, Ralph McDowell, Vincent Mione and Vincent Sagendorf You can get their license numbers at: http://www.nursingboard.state.nv.us There, in the Right Hand Column, you'll find a LINK for Complain Form. This is your chance to let your feelings be heard. You might want to mention in your complain that ALL nurses KNOW not to inject patients with contaminated blood. They can't pass the blame off. If the boss says do that...you DON'T Read All Comments