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Nov. 12, 2008
Copyright © Las Vegas Review-Journal

Lawsuit says eye doctor lied about state-of-the-art surgery

By ADRIENNE PACKER
REVIEW-JOURNAL

A Las Vegas eye doctor who has been sued for medical malpractice at least 17 times during his career is the target of a new class-action lawsuit filed by four Las Vegas Valley residents.

The patients claim Dr. Vikas Jain and his wife, Dr. Anamika Jain, advertised a flat rate for laser vision corrective surgery to be done with state-of-the-art equipment by a board certified ophthalmologist. But according to the lawsuit filed by attorney Barry Levinson, Jain's practice offered none of those services.

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    • "The surgery was not state-of-the-art, did not use the most advanced equipment and all care was not provided by board certified ophthalmologists," states the lawsuit, which was filed Monday.

    Vikas Jain conducted most of the pre- and post-surgery assessment and measurement tests even though he is not a certified laser surgeon, Levinson said Tuesday.

    "The surgeons were doing the work based on what he said," Levinson said.

    On Tuesday, Jain said the allegations are untrue.

    He wouldn't go into detail per his attorney's instruction, but Jain said he believes a former employee prompted the lawsuit.

    "I really believe a disgruntled employee drummed up patients and everyone got on the bandwagon," Jain said. "I never did a single thing at Valley Eye Center that any technician at any practice in America couldn't do."

    The lawsuit, which is expected to eventually include dozens of plaintiffs, also targets former surgeon Stella Chou, alleging that she allowed Jain to perform pre-operative tests while knowing he was not a certified laser surgeon.

    Dr. Vikas Jain, also known as Ken Johnson, lost his medical license in Ohio in 2005, then moved to Nevada and used his wife's medical license to open the Valley Eye Center on Tenaya Way the next year.

    Vikas Jain is not licensed to practice medicine in Nevada.

    Jain advertised the guaranteed price for his eye procedures, but then tacked on additional costs, according to the lawsuit.

    The costs were added when the patients were offered "insurance" for enhancement surgery after the original operation, the lawsuit states.

    "Jain's deceptive and misleading advertisements offer 'one price' surgery, but most clients paid more, sometimes substantially more," the lawsuit states.

    Jain, who has been licensed in six other states, was the subject of a 2001 "ABC News Primetime" special on negligent eye care.

    Jain was the first Ohio eye surgeon to be punished by the State Medical Board of Ohio, whose members hoped they could prevent him from practicing in another location.

    Andrew Robbins, a member of the Ohio board, called Jain a "predator," after he performed cataract surgery on a blind woman's eye and conducted laser surgery on the eye of a patient who could see perfectly fine, according to the publication Refractive Surgery News.

    More than 20 patients suffered "substantial harm," and Jain's peers deemed him to be unqualified to perform refractive surgery, according to a report by the Nevada State Board of Medical Examiners, which is also investigating Valley Eye Center.

    According to a news article in the Columbus Dispatch, Jain admitted that he performed eye surgery after drinking and was undergoing treatment for alcoholism.

    Jain said Tuesday that he has been sober for six years.

    "I have a history and I've owned up to that history," he said.

    A State Medical Board of Ohio investigation showed that Jain skipped presurgical tests, misdiagnosed patients and had a "very sloppy, shoddy, slash-and-dash, irresponsible way of taking care of people," the Dispatch reported.

    The lawsuit filed Monday in District Court claims the Jains' center in Las Vegas was "an assembly line" where surgery was done in a "cattle call environment."

    Testimonials on the Web site for the Valley Eye Center, which remains open at 2931 N. Tenaya Way, claim the surgery was a success, but the waiting time lasted for hours.

    But Levinson said some of the patients were not so lucky.

    "Their eyes were messed up; some are correctable, some are not," the attorney said.

    Contact reporter Adrienne Packer at apacker@reviewjournal.com or 702-384-8710.

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    Pandora wrote on November 26, 2008 04:54 PM: The courts are awarding big money in these lasik cases. If you had lasik done in Las Vegas you may be entitled to big money. If you had a surgery in a surgical center that failed there state inspection you could probably retire.


    Donn Smylie wrote on November 12, 2008 07:27 PM: I'll use my name because what I say will be true. My lady was significantly damaged by the office. She had to have a painful major "fix" surgery and has one more to go. After "Ken" no longer did pre- and post-op consultations in Las Vegas, Stella Chou "apparently" was a licensed and qualified surgeon - the "system" failed and they should have been shut down long ago. There are more stories of intentional corner-cutting and profit maximizing. Suffice it to say, these are not nice people and lots of people have suffered due to their greed. If the State needs new laws to empowere the Medical Board to quickly act to shut down a "dangerous" practice, then our legislators should DO IT ASAP. Good luck to all of you who have been injured. BTW, this has nothing to do with the fact that "ken" is Indian. There are thousands of fine Indian doctors around the country.

    Also, the "system" shouldn't put patients of doctors like this in the position of wondering if low price equates to malpractice. Qualified doctors with a clean history should be able to charge what they choose and patients shouldn't have to think that they can only get good results if they pay top dollar.


    looktheotherway wrote on November 12, 2008 04:04 PM:
    this guy looks like a saint compared to that quack firazz mashood who has hurt and electrocuted so many people seeking help, it is not funny, this guy and rimaldi have injured people so irreversibly, they are never going to be able to work again, all because these two say yes to what big corporations and local government tell them to do.
    you think endoscopy center and other places like these do not have silent benefactors reaping huge money behind the scenes
    wake up injured residents, because if you don't know your rights, the greedy are not going to tell you.as they drain you dry,and leave you behind ,crippled with hepatitis,to die
    google mashood and read about just the people who have the courage to speak out about this goof,let alone those who remain silent or don't own a computer and can't seek knowledge.
    investigate those profiting from kickbacks of these people and see who they are connected to in local high ranking offices.
    scary scary scary


    Eldon Thorman wrote on November 12, 2008 02:38 PM: Man, these Indian doctors are giving alcoholics a bad name.


    mike wrote on November 12, 2008 02:21 PM: Here's another problem - people searching for the best bargain when they should be searching for the best doctor. I agree that this place should be shut down and the doctors disciplined for their roles in this fiasco, the doctor with the revoked license should go to jail for his illegal practices, but where is the consumer's responsibility? This is different than seeing a physician who has been referred or recommended; these consumers were seduced by price, plain and simple. These are your eyes, people, why would you bargain shop?


    Carbo wrote on November 12, 2008 12:28 PM: The guy was practicing without a license, so there was not much the Medical Board could have done. I always think the best thing to do is do your own homework. Find out about the doctor you are seeing and be sure you are seeing a qualified physician. The Medical Board can only do so much and it is much easier to blame someone else for not "protecting" us. I feel terribly sorry for all those people and I hope this guy get's what he deserves, but I cannot blame the Medical Board for everything that goes wrong in medical care.


    Nevada is a Third World wrote on November 12, 2008 12:27 PM: NEVADA IS A THIRD WORLD COUNTRY.

    MAYBE THESE PATIENTS WOULD HAVE BEEN BETTER OFF IN UWANDA.


    Joe Bama wrote on November 12, 2008 12:20 PM: I wonder if anyone had both procedures and got reamed at both ends?


    milan wrote on November 12, 2008 11:57 AM: I CANT BELIEVE WHAT I'M READING. PEOPLE
    ARE LOSING THEIR EYE SIGHT BECAUSE THIS IDIOT IS PERFORMING EYE SURGERY ON THEM AND HE IS DRUNKEN CON ARTIST, AND HE IS NOT IN JAIL. IF THIS WOULD HAVE HAPPEND TO ME,OR ANY OF MY LOVED ONES JUSTICE WOULD BE SWIFT.


    Wild West Medicine wrote on November 12, 2008 09:16 AM: First it is the proctologists at the Endoscopy Clinic of Southern Nevada sticking it up Nevandan's (_!_), now it is the phony Doctors at the Valley Eye Center sticking a sharp stick in Nevadan's eye.


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