Las Vegas Personal Injury Lawyer - Medical Malpractice

77 More Hepatitis Cases Diagnosed May Be Linked to Vegas Clinic

Jenny Albano — Fri, 09 May 2008 03:50:34 GMT

Seventy-seven more people have been diagnosed with hepatitis C that may be traced to a Las Vegas outpatient clinic, where all these people had been treated.

The 77 people are among about 400 former patients of the Endoscopy Center of Southern Nevada who tested positive for the potentially deadly virus since the outbreak was made public Feb. 27, and who provided no other risk factors during follow-up interviews, said Brian Labus, senior epidemiologist with the Southern Nevada Health District.

The new confirmed cases of hepatitis C and those found earlier, brings the total number of infections linked to the clinic to 85. Investigators do not know how each patient was infected, but they do know that each patient was treated at the clinic from March 2004 to January 11, 2008. Authorities also know that these people did not test positive before they went to the Vegas clinic, but they cannot say for certain that they contacted hepatitis from the clinic.

Officials have determined that more than 300 other patients that have tested positive for hepatitis C could have contracted the virus through other means, such as intravenous drug use, blood transfusions, etc. There are also many people who have tested positive who have yet to be interviewed. Patients who were treated at the clinic were advised to get tested for hepatitis C, B, and HIV. So far no cases of hepatitis B or HIV have been linked with the clinic.

Authorities have said at least 50,000 patients may have been exposed to unsafe injection practices by clinic staff who reused syringes and single-use vials of medication during anesthesia.

Patients who were treated at the clinic in late 2007 or early 2008 will need to be tested again in a few months because a positive result may take up to six months to show up. The owners of the clinics have surrendered business licenses and paid $500,000 in fines.

Originally posted at InjuryBoard by Jenny Albano

For Those Testing Positive From Endoscopy Center, New Questions Arise

Peter Wetherall — Sat, 15 Mar 2008 17:23:24 GMT

People who attended our Endoscopy Center informational meetings, as well as others who've learned we're handling these cases, are now receiving word of their test results. While many persons' fears have been alleviated, some have not been so lucky. As I hear reports back of positive test results from my clients and the clients of other attorneys, I can't help but think about the battle that looms ahead to determine which of those people who tested positive for Hepatitis A, B and HIV contracted their virus from the Endoscopy Center, versus some other source.

This is not a question we lawyers can answer. Instead we'll need to rely on medical experts to guide us. It's safe to say that not everyone who tested positive after treatment at the Endoscopy Center has a bona fide case, and the assessments of the experts as to whose virus can be reasonably linked to the Endoscopy Center will be an interesting and likely hard-fought one.

Of course, one question that may always remain for those affected and infected: "Can I ever really trust my doctors and nurses again?

Originally posted at InjuryBoard by Peter Wetherall

Endoscopy Center of Southern Nevada is Forcibly Closed

Peter Wetherall — Fri, 29 Feb 2008 17:00:12 GMT

The local CBS television affiliate just reported that the City of Las Vegas's Department of business licensing revoked the business license of the Endoscopy Center of Southern Nevada this afternoon. The principals of that company have been directed to a hearing before the City Council scheduled for Monday, at which time the company will have an opportunity to appeal the Licensing Department's decision. A decision from the City Council is expected to be made within an hour of that hearing.

This is good news, given the reckless practices which occurred at this facility resulting in the exposure of at least 40,000 people to the risk of HIV, Hepatitis C and Hepatitis B.

Originally posted at InjuryBoard by Peter Wetherall

Hepatitis C - HIV Catastrophe at a Las Vegas Endoscopy Center

Peter Wetherall — Wed, 27 Feb 2008 22:53:54 GMT

Six people who underwent procedures at the Endoscopy Center of Southern Nevada have contracted hepatitis C, which has prompted the Southern Nevada Health District to step in and require that notices be sent and testing be provided to 40,000 people who obtained treatment at the facility. An investigation determined that "unsafe injection practices related to the administration of anesthesia medication might have exposed patients to the blood of other patients."

Officials said the unsafe practices had been in place for several years and may have put others at risk. About 40,000 patients who received injections of anesthesia at the clinic are being notified of the potential exposure in letters arriving next week.

Chief health officer Lawrence Sands said anyone who received anesthesia at the clinic from March 2004 to Jan. 11 should be tested for the virus, along with hepatitis B and HIV.

"We are recommending all patients during this timeframe to get tested because we cannot determine which patients may have been exposed," Sands said.

This is a pretty big deal. On the one hand, 40,000 people will wake up tomorrow and realize that not only are they apparently at risk for Hep C or HIV, but that they could have infected a loved one. That this circumstance is the result of shoddy sterilization or injection practices is all the more troubling.

One can only hope that those either infected or distressed by this will be compensated for the harm done here.

Originally posted at InjuryBoard by Peter Wetherall

Irony of Ironies - Government Seeks Payback for Medical Malpractice

Peter Wetherall — Tue, 19 Feb 2008 12:39:41 GMT

I read in this morning's Las Vegas Review-Journal that in October of this year, the federal government will start declining to pay medicare benefits to providers that commit medical malpractice, or who otherwise perform deficiently. Specifically, when providers commit certain errors, the charge for that procedure or hospitalization will be rejected, as a means of motivating these providers to plain old-fashioned be more careful.

It would be amusing if it wasn't so sad that our federal government is willing and able to carve out a medical malpractice remedy for itself, even as this administration tells injured folks that their injury claims should be abolished outright or severely limited. This type of hypocrisy should make every fair-minded citizen sick. Those holier-than-thous in Washington (and some here in Nevada) tell us incessantly that medical malpractice claims are frivolous, and a blight on our civil justice system, yet have no problem carving out a unilateral remedy for medicare.

Understand, I have no problem with medicare funds (finally) being protected from hospitals and other providers who demand payment even when errors in treatment don't justify their charges. What galls me is that, when such a plan serves to bail medicare out, it's a great idea, but when the hospital (insurance) money goes to a catastrophically injured infant or other victim of malpractice, it's a frivolous and abhorrent proposition that should be drastically limited. What's good for the goose is normally good for the gander, but apparently not in the minds of the tort reform extremists.

Originally posted at InjuryBoard by Peter Wetherall

Due to Caps On Damages, Choose Healthcare Providers Carefully

Peter Wetherall — Sat, 08 Dec 2007 09:32:13 GMT

Does it matter which hospital you choose when you're in need of medical care or surgery? YOU NEED TO KNOW, that if you're the victim of medical malpractice here in Las Vegas or elsewhere in Nevada, your ability to recover damages is dramatically impacted by the hospital involved. Here's why...

Under Nevada law, governmental entities and their employees incur very limited financial responsibility for causing harm. Specifically, one who is injured by a governmental entity or employee thereof can only recover up to $75,000 (recently increased from $50,000), pursuant to NRS 41.035(1). In recently upholding the constitutionality of this meager right of recovery, specifically in the context of a medical malpractice case, the Nevada Supreme Court in Martinez v. Maruszczak held:

Under this court's precedent in Arnesano, protecting the state treasury remains a legitimate state interest, thus providing a rational basis for capping damages at $50,000 for allegedly negligent acts committed within the scope of state employment. Going further, capped damages also advance a legitimate state interest in encouraging qualified professionals to accept state employment to serve the people of Nevada. We therefore discern no reason to depart from our precedent upholding the constitutionality of NRS 41.035(1). Accordingly, we reject the instant challenge to this statutory limitation on damages.

The upshot is, if you go to UMC, or any one of a number of other governmentally-owned facilities for your health-care, and you are malpracticed, your damages claim will be capped at $75,000 per claim. If instead you go to Sunrise or Spring Valley Hospital, your cap under our regular medical malpractice scheme is $350,000 as to pain and suffering damages, and no cap on economic losses (with certain exceptions).

I don't know about you, but my own health insurance gives me the option of treating at various hospitals around town, including UMC. If you're in the same boat, and you're ever presented with the choice of having surgery at UMC or elsewhere, choose a private hospital, because the State of Nevada has all but eliminated your right of recovery against a governmental hospital and the physicians and nurses the hospital employs. By the way, the longstanding $50,000 statutory cap has just been increased to $75,000, and will increase again in 2011 to $100,000, so thanks for (PRACTICALLY) NOTHING, Nevada legislators! If a government employee permanently or catastrophically injures me or a member of my family due to their commission of negligence or malpractice, those paltry, downright insulting increases will mean absolutely nothing.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Peter Wetherall

Jury Awards $26M in Malpractice Lawsuit Over Birth Injuries

Chrissie Cole — Mon, 15 Oct 2007 19:35:28 GMT

A Suffolk Jury awarded $26M to the family of a brain-damaged boy that will never walk or talk due to a botched delivery, at a Boston teaching hospital that caused life long birth injuries

The verdict, issued Thursday, comes as a relief to the parents that now know what happened to their son, 10, who has cerebral palsy and requires constant around-the-clock care.

The malpractice suit was filed against two doctors that failed to recognize the signs of fetal distress and thereby didn't perform a Caesarean section fast enough on March 14, 1997, ultimately leading to the child suffering brain damage.

"We cannot point to the exact cause or timing of injury other than to say it didn't happen when (Mrs. Bejarano) was being monitored. From that we can say it happened before she came to Brigham," he said.

He said he was "stunned and disappointed" by the verdict and will likely appeal.

Originally posted at InjuryBoard by Chrissie Cole

Woman 0-for-2 with her Lawsuits

Christina Cole — Wed, 10 Jan 2007 18:39:44 GMT

Rhode Island Supreme Court recently upheld a Superior Court decision that a Providence law firm wasn't to blame for a woman losing her medical malpractice lawsuit.

Released Monday, the order, says Lois Gullage did not adequately prove her case against Bowerman and Taylor Guretin.

The suit alleges the firm did not return her x-rays, which in turn prevented her from acquiring an expert witness for her medical malpractice suit against Rhode Island Hospital. Bowerman and Guertin represented the hospital which was dismissed because she did not have an expert witness which is necessary in a medical malpractice case.

Rhode Island Hospital was granted summary judgment on October 26, 2004 and the case against Bowerman and Guertin was filed that same day.

"Irrespective of the timing of the defendant's possession of the x-rays in question, the failure to either return them to the plaintiff or to inform her that it had returned them to (MGH Image Service Center) does not provide the plaintiff with a recognizable cause of action," the order says.
Gullage had requested the x-rays on Sept. 4, 2004. A letter from MGH said they were not located in the proper folder as of Nov. 18, 2004.
The firm was able to produce a letter of return dated Oct. 8, 2004, and a canceled check date June 6, 2004, seven months before MGH claimed they had not received payment.

Originally posted at InjuryBoard by Christina Cole

Medical Malpractice Settlement could be Capped

Christina Cole — Fri, 05 Jan 2007 17:33:20 GMT

A Stark County woman was awarded $1.6 million in her medical malpractice verdict after a 2004 abdominal surgery left her with the loss of 55 centimeters of her bowel, a life threatening infection and chronic diarrhea.

Now, the question is, whether the award will remain $1.6 million or will it shrink under the 2003 state legislation that capped medical malpractice damages.

The issue at hand is not only important to this case, but possibly the entire state. "This may be one of the first cases in the state that is dealing with caps," said Stark County common Pleas Court Judge Lee Sinclair.

The Ohio legislature capped pain-and-suffering awards in medical malpractice cases at between $500,000 and $1 million in 2003. However, Sinclair said malpractice cases can take years to reach a verdict, so few, if any, cases have had to deal directly with caps yet.
Weimer's attorneys, Michael Djorjdevic and Peter Marmaros, said they believe that Sinclair's judgment should stand, because pain and suffering was included in the economic awards, which were not capped by the legislature.
Onuora's attorney, William Bonezzi, sees it differently: ``We're looking at that right now. We believe the way in which the journal entry was written may be incorrect.''
Put simply, he said, ``the caps are the caps.'' And the caps are supposed to limit pain-and-suffering damages.

Originally posted at InjuryBoard by Christina Cole

Women Sues Lawyer who vanished after settling Malpractice Lawsuit

Christina Cole — Fri, 15 Dec 2006 05:43:33 GMT

Tonya'n LaBeaux has lost faith in the Nevada justice system.

Her lawyer is being charged with forging documents that ended her $1.5 million wrongful death lawsuit against a Washoe County doctor and making off with the settlement he negotiated without her consent. To date, the courts have rebuffed her attempts to resurrect her case against the doctor.

LaBeaux, now a California resident, is going after the attorney, Lawrence Davidson, who is charged with keeping the $187,500 settlement that he negotiated in her favor. There is one snag in her last resort attempt to receive compensation in her father's 1999 death - Davidson has disappeared.

LaBeaux is one of at least 17 people who say they are victims of Davidson, who was indicted by the federal government last year on charges he negotiated settlements without the knowledge of his clients and then deposited the money into his own bank account.
The government alleges Davidson illegally pocketed a total of $936,300.
Davidson was a no-show Oct. 30 for the first day of his trial. U.S. District Judge Roger Hunt issued a warrant for his arrest.

LaBeaux's ordeal started on July 4, 1999, when her father, Frank Charles Molica, wrecked his off-road motorcycle during an outing near Truckee, Calif. He was airlifted to Washoe Medical Center about 5 p.m. The next morning, his primary physician released the 60-year-old from the hospital. Within seven hours, Molica was dead.

According to a coroner's report, Molica had nine rib fractures as well as lacerations to his lungs. Severe bleeding in his chest triggered a heart attack, LaBeaux said, citing the report.

To date Davidson is still missing.

Originally posted at InjuryBoard by Christina Cole