Endoscopy Center Lawsuits Take Step Closer to Trial Date - 8 News NOW

Adrienne Augustus, Reporter

Endoscopy Center Lawsuits Take Step Closer to Trial Date

Posted: Updated:

Civil cases against the owners of the Endoscopy Center of Southern Nevada are facing roadblocks as attorneys on both sides battle for medical records and access to witnesses.

It was the second time all of the attorneys representing some of the 40,000 people exposed to hepatitis came face to face with all of the lawyers defending the doctors who owned the Endoscopy Center of Southern Nevada.

First order of business -- getting the medical records back from Metro and settling the issue of who would pay to store the thousands of boxes of documents.

Robert Eglet, attorney for plaintiffs said, "If Metro hadn't seized these records and the county didn't have control of those records, the defendants would have control of these records. They would be storing them, they would be organizing them."

"And I don't know if we'll ever get them back in a condition where we could guarantee under oath to anybody that the records we're copying are what we used to have in our office. They've been out of our control too long," said defense attorney Dan Curriden.

They agreed to meet with Metro next week to work out a solution.

The other major problem -- the defense wanting to interview 30 random people included in the class action law suit. Attorneys for the owners of the Endoscopy Center asked for hundreds of people to fill out lengthy questionnaires.

The special hearing master agreed to give them 150 people -- with a paired down survey.

Attorneys for the plaintiffs say it's just an attempt to stop a class action lawsuit for the 40,000 who were infected and a strategy to push back a tentative trial date for the people who are sick.

"If we just go hearing after hearing after hearing, we won't have a trial in June of 2009. And a lot of these people deserve trials before June 2009. People have died already, people are dying already, people are seriously ill. A lot of them are over 70," said Will Kemp, attorney for plaintiffs.

At least 850 people have already tested positive for hepatitis. But the CDC has only recognized seven as having contracted the illness from the Endoscopy Center. The attorneys representing those people hope to go to court in June 2009.

Email your comments to Reporter Adrienne Augustus.
  • Paula's Health NotesLas Vegas Health NewsMore>>

  • New procedure to help Lipedema

    New procedure to help Lipedema

    Friday, August 22 2014 3:55 PM EDT2014-08-22 19:55:58 GMT
    Some women just can't lose weight and for the estimated 11 percent of women with a chronic disorder, diet and exercise won't help at all. Now, there is a new procedure doctors are now using that can help restore their appearance.More>>
    Some women just can't lose weight and for the estimated 11 percent of women with a chronic disorder, diet and exercise won't help at all. Now, there is a new procedure doctors are now using that can help restore their appearance.More>>
  • Fixing gerd for good

    Fixing gerd for good

    Tuesday, August 19 2014 3:21 PM EDT2014-08-19 19:21:39 GMT
    Acid reflux disease, a condition commonly known as “GERD”, affects about one-third of Americans. It can cause pain, coughing, heartburn and can even lead to cancer. Now, a simple procedure may fix GERD for good.More>>
    Acid reflux disease, a condition commonly known as “GERD”, affects about one-third of Americans. It can cause pain, coughing, heartburn and can even lead to cancer. Now, a simple procedure may fix GERD for good.More>>
  • Ice cold heart therapy

    Ice cold heart therapy

    Friday, August 15 2014 5:05 PM EDT2014-08-15 21:05:13 GMT
    A trial fibrillation affects about 2.7 million Americans. It's a condition that causes heart palpitations, shortness of breath and dizziness. If left untreated, it can be life-threatening. Now doctors are freezing the problem away.More>>
    A trial fibrillation affects about 2.7 million Americans. It's a condition that causes heart palpitations, shortness of breath and dizziness. If left untreated, it can be life-threatening. Now doctors are freezing the problem away.More>>
Powered by WorldNow
All content © Copyright 2000 - 2014 WorldNow and KLAS. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service.