Media Library

Lawyers Want to Postpone Hepatitis Class Action Lawsuit

June 3, 2008 Las Vegas Now There are new developments in the hepatitis crisis involving the Endoscopy Center of Southern Nevada. A portion of the pending class action lawsuit against four of the doctors at the clinic has been postponed.

Defense attorneys are trying everything they can to postpone the pending class action lawsuit against Dr. Dipak Desai and other doctors who worked at the Endoscopy Center.

Tuesday, they partially got their wish. Defense attorneys for Desai and the other doctors in question asked the judge to postpone the possible class action lawsuit, specifically depositions of the four doctors who would be asked to answer certain questions about the practices at the clinic.

Attorneys argue that any comments made at these depositions by the defendants during the class action suit could possibly be used against them in the current criminal investigation.

Desai's attorneys have threatened that Desai may assert his Fifth Amendment rights in the case to avoid possible self-incrimination.

Tuesday, the judge decided to postpone those depositions until the end of July in hopes attorneys would know where the criminal investigation stands. Doctors would also be able to assert their Fifth Amendment rights.

"If they take the Fifth Amendment, we are entitled to adverse inference for any question they refuse to answer. So if we ask a question like, ‘What was the standard procedure at the clinic X?' and they refuse to answer it, then the jury can take the inference that the standard procedure was X," said attorney Will Kemp.

Attorneys for the plaintiffs have also been working to get their hands on an inspection report done on the Endoscopy Clinic on Shadow Lane. The inspection was performed by a third party quality care consultant, but has yet to be turned over to attorneys working in the class action lawsuit.

All of the attorneys will meet again on July 29, 2008 to talk about the current postponement of those depositions. The judge said the court will see if they have any more of an appetite to extend the postponement.

No date has been set for filing criminal charges against the doctors. The DA's office has said in the past they are working on it and should see something in the near future.