Hepatitis C Malpractice Class Action Lawsuits

Las Vegas class action attorney Will Kemp filed a class action lawsuit in District Court in Clark County against the Endoscopy Center. the Endoscopy Center of Southern Nevada is believed by the Southern Nevada Health District to have exposed as many as 40,000 patients to the hepatitis C virus.

The office of the Endoscopy Center of Southern Nevada, 700 Shadow Lane, is shown Wednesday, February 27, 2008. The Southern Nevada Health District is notifying approximately 40,000 former patients of the center that they may have been exposed to hepatitis C.

Will Kemp is seeking payment to cover tests for hepatitis B and C on his two Nevada clients, former Endoscopy Center patients Michael Cordero and Richard Taylor. Kemp also wants them tested for the HIV antibody, and they’re seeking damages for pain and suffering.

At least hundreds of people have been infected on the basis of the percentage of people who have hepatitis or AIDS in the general population.

Las Vegas attorney Gerald Gillock, a medical malpractice specialist who represents one of the six people the Health District believes were infected with hepatitis at the clinic, said he wouldn’t be surprised if this turns out to be the state’s largest-ever class action medical malpractice case.

Under a 2004 state law, damages for pain and suffering from medical malpractice cannot exceed $350,000 per incident. But Gillock said it is a certainty that the constitutionality of the cap will be challenged before the Nevada Supreme Court and that the $350,000 ceiling could be struck down before any Endoscopy Center cases make their way through the courts.

UNLV Boyd School of Law professor Jean Sternlight said could be two types of plaintiffs — those who have been infected with a virus and are therefore in line for potential big-money damages, and a larger number of individuals who aren’t infected but claim to be traumatized by the threat of infection and seek compensation for testing.

Another class action suit has been filed, naming Charles Anthony Rader Jr. as a plaintiff who claims he could have been exposed to the diseases at the Endoscopy Center. Las Vegas attorney Peter Wetherall is handling the case.

Attorney Robert Eglet has filed a class action lawsuit on behalf of more than 600 former patients so far. He believes the motive in this case is clear. "Money, greed, pure greed. The cost of one of these syringes, that they buy in bulk is less than a nickel."

Eglet says only a handful of his clients have received their test results, but already seven have tested positive for hepatitis and one tested positive for HIV.

Medical experts warn the effects of this case could be far reaching and all those who test positive will ultimately have to send their spouses and partners in as well.

According to attorney Robert Eglet, there's a four year statute of limitations on medical malpractice which means for those potential victims who were treated at the clinic back in 2004 time is running out.

Attorneys say this is the largest suit of its kind in the history of Nevada. If anything, this can serve as a reminder to always ask questions before having any kind of medical procedure.