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Doctor in Hepatitis Probe Can't Practice

By BRENDAN RILEY Associated Press Writer 04/30/08

CARSON CITY, Nev.—A judge on Wednesday blocked a second Las Vegas doctor linked to a hepatitis C outbreak from practicing medicine pending resolution of a 10-count state Board of Medical Examiners complaint against him.

Clark County District Judge James Bixler issued the temporary restraining order against Dr. Eladio Carrera, who worked at and is a co-owner of the Endoscopy Center of Southern Nevada.

The judge's order followed a similar order Tuesday against Dr. Dipak Desai, who has been running the center and several other clinics. The orders were requested by state Attorney General Catherine Cortez Masto.

In both cases, the judges said the temporary orders were warranted because the Board of Medical Examiners "has demonstrated a likelihood of success on the merits" of its case against the doctors, and "imminent and irreparable harm will result" if the orders weren't issued.

A May 8 court hearing for Desai and a May 12 hearing for Carrera have been scheduled to determine whether the temporary orders should be followed up with preliminary injunctions against the doctors.

The complaints against Desai and Carrera describe several cases in which patients at the endoscopy center were treated by the doctors and later were diagnosed with hepatitis C. Both doctors are accused of conduct that put the patients' health and safety at risk.

Besides the medical board's activity, state legislators were told last week that the Las Vegas Advertisement Metropolitan Police Department, the FBI, Cortez Masto's office and the Clark County district attorney are involved in a criminal probe into the crisis.

The outbreak prompted health officers to advise tens of thousands of former patients at several clinics to be checked for exposure to hepatitis and HIV.

Authorities blame the infections on the reuse of needles and vials of medication on multiple patients, and say they've traced eight acute cases of hepatitis C to Desai's endoscopy center and to another one he operated. The two clinics have surrendered business licenses and paid a total of $500,000 in fines.

Desai Tried but Failed in Car Transaction

By Sun Staff Thu, May 1, 2008

Dr. Dipak Desai’s recent attempt to ship his two Mercedes-Benz cars to Dubai was not successful because a Las Vegas Mercedes-Benz dealership refused to sign off on the arrangement.

Fletcher Jones Imports said the Las Vegas Sun was correct in reporting Wednesday that Desai made an effort to purchase two luxury cars he had been leasing from the dealership. But the Sun was incorrect in reporting that Desai succeeded in the effort. The Sun reported that Desai had paid off the vehicles, which combined were worth $247,000, and was shipping them through Texas to Dubai.

But Bernard Schiappa, general manager of Fletcher Jones, said the dealership refused to accept Desai’s payment because it would have violated the dealer’s agreement with Mercedes-Benz governing transactions involving foreign countries where other Mercedes-Benz franchises do business.

Under the agreement, the dealership has to pay Mercedes-Benz if a car less than two years old is shipped to the sales territory of a franchise in another country. Fletcher Jones would have faced penalties of up to $15,000 for each vehicle if they were shipped to Dubai, Schiappa said.

After being refused by Fletcher Jones, Desai tried to pay Mercedes-Benz Financial, the company that holds the notes on the cars, but was unsuccessful, Schiappa said. The check was returned because leased vehicles must be paid off through a Mercedes-Benz dealer, Schiappa said.

Schiappa said he put a notice on Desai’s account with Mercedes-Benz Financial to prevent Desai from paying off the loans through other dealers.

“I want people to understand that we don’t do uncouth things. We pay attention to what happens in town,” Schiappa said, adding that he was very aware of the controversies surrounding Desai.

Schiappa speculated that a person would not want to buy vehicles such as Desai’s in Dubai because they would cost up to three times as much.

Desai’s attorney did not return calls Tuesday and Wednesday for comment.

Quality Consultants, Clinic, Drugmaker Sued in Outbreak

Two hepatitis C patients linked by health officials to the growing disease outbreak filed lawsuits Thursday against the medical clinic blamed for the infections, a company that inspected the clinic and the makers of the anesthesia used during medical procedures.

Bonnie Brunson and Stacy Hutchison are two of the eight hepatitis C cases that the Southern Nevada Health District has connected to unsafe injection practices at the Endoscopy Center of Southern Nevada, 700 Shadow Lane.

The lawsuits, which are the first to use a model complaint agreed upon by lawyers representing infected patients, claim Quality Care Consultants was negligent in failing to detect the unsafe practices during its inspection of the clinic.

The company is owned by Drs. Javaid Anwar and Ikram Khan, both prominent doctors and current members of the Nevada State Board of Medical Examiners. Both doctors have ties to the clinic's majority owner, Dr. Dipak Desai, and have recused themselves from the board for any matters involving doctors at the endoscopy center.

The clinic hired Quality Care Consultants to review its policies and procedures and make recommendations to meet national standards, but did not detect the substandard injection practices, according to the lawsuit.

"They gave them the Good Housekeeping seal of approval, and off they went," said lawyer Will Kemp, who represents Brunson.

The lawsuits also name drug companies SICOR Inc., Baxter Healthcare Corp. and McKesson Corp. for their manufacture and sale of large vials of Propofol, the anesthesia used by the clinic.

Health investigators have linked the hepatitis C infections to vials of the drug, which were used for multiple patients despite being labeled for single use.

The companies have known since the early 1990s that the larger vials increased the risk of spreading disease, said lawyer Gerald Gillock, who represents Hutchison.

In a 2001 Food and Drug Administration document rejecting SICOR's request to sell larger vials of the medication, according to the lawsuit, the document stated that larger vials "could make multi-dosing much more tempting and, hence, more likely."

The typical endoscopic procedure requires just a fraction of the anesthesia in the vials, Kemp said.

Former Patients React To Restraining Order In Hepatitis C Investigation

KTNV, Channel 13 News April 29, 2008

Two doctors linked to the hepatitis C exposure are facing punishment for the first time.

The Board of Medical Examiners says they knew or should have known they were putting thousands at risk.

The State Attorney General has filed a temporary restraining order against Doctor Depak Desai and Eladio Carrera.

A judge could sign the restraining order as soon as Tuesday

Action News reporter Heather Klein explains the details.

The restraining order is for the doctor's medical licenses.

Both doctors face ten counts each including violating patient trust and medical malpractice.

Some of the doctor's former patients who are now positive for hepatitis C say this is a step in the right direction.

"He is the nastiest man I have ever met and those are nice words," explained former patient Shara Edwards.

Obviously, there is no love lost for Shara Edwards and her former doctor Dipak Desai.

"He violated every bit of our life from beginning to end to give us these diseases," said Edwards.

Shara tested positive for Acute Hepatitis C.

She is now one of Robert Eglet's clients and is suing Desai's practice.

While she is thankful the complaint charges include malpractice, violating patient trust and bringing the medical profession into disrepute is still not enough.

"I think he ought to have the blood tests and shots that I have to," said Edwards.

The complaint will not give her that but as Eglet explains it more than likely will keep Dipak Desai and Eladio Carrera from practicing.

"These are the surgeons, these are the captains of the ship over there, there the ones in charge of these surgeries and they are responsible for what is going on," said Eglet.

Now Shara says she is waiting for them to be held criminally responsible.

"I am hoping they can put him in jail along with his partners and everybody that worked in the clinic. They all need to go to jail," said Shara.

This is not a criminal complaint.

The State Board of Medical Examiners will present this before a hearing at which time the two doctors can fight for their license.

Stay tuned to Action News as we watch for new developments in the hepatitis C investigation.

Licenses Suspended for Doctors Linked to Hepatitis C Outbreak

Melissa Duran, Reporter Las Vegas Now April 30, 2008

Two different judges have signed orders blocking Las Vegas doctors Eladio Carrera and Dipak Desai from practicing medicine. Both doctors are linked to the investigation into the hepatitis C outbreak at a local endoscopic clinic.

A law enforcement source tells Eyewitness News that Metro officials have asked Desai's attorney for the doctor to surrender his passport, but the request was denied. There are concerns that Desai may try to leave the country.

There are also reports Desai is trying to ship his vehicles overseas. Fletcher Jones Import on west Sahara confirms that Dipak Desai and a broker went into the business and tried to pay off leases on two vehicles.

The general manager for the company says the broker had intentions of shipping the vehicles overseas to Dubai. The business denied his request saying in order to pay off a lease he had to go through a dealership.

As for the shipping, the General Manager of Fletcher Jones says that was also denied.

"We had nothing to do with purchasing cars and sending them overseas because it is against our dealer agreement and we get penalized for that. For cars like that we can get penalized $15,000 to $20,000," said GM Bernard Schiappa.

Dipak Desai's attorney did not return calls for comment.

District Attorney David Roger says he can't speculate to why Desai would be interested in shipping cars overseas, but he does say if suspects in this case decided to leave the country, he will pursue them if they are charged.

On Monday, the Nevada State Board of Medical Examiners filed court papers asking for restraining orders against Desai and Carrera. The doctors performed procedures on patients who are believed to have contracted hepatitis C because of unsafe medical procedures.

Investigators discovered the clinics reused syringes and vials of medicine on patients.

Las Vegas Hepatitis C Doc Blocked From Medicine

National News Desk By Jane Akre

Dr. Dipak Desai, linked to a hepatitis C outbreak in Las Vegas, had his medical license blocked by a judge's temporary restraining order issued Tuesday.

The order was requested by state Attorney General Catherine Cortez Masto pending the outcome of a Board of Medical Examiners 10-count complaint against Dr. Desai.

Dr. Desai had voluntarily surrendered his license following the hepatitis C outbreak at one of his clinics, the Endoscopy Center of Southern Nevada, but that still allowed him to practice medicine outside of Nevada.

“Imminent and irreparable harm will result” if the order isn’t immediately issued, District Judge David Wall told the Las Vegas Review Journal.

The Las Vegas Sun is reporting today that Dr. Desai tried to ship two luxury vehicles to Dubai. The general manager of the car dealership told the paper that Desai brought a broker from Dubai to his dealership and tried to pay off two black Mercedes vehicles, valued at about $250,000, but the dealer denied the request.

There has been speculation that the native of India might flee the country. His wife, Dr. Kusum Desai, a pulmonary specialist, has quit her practice which was not linked to her husband's clinics.

Dr. Eladio Carrera, who was co-owner with Desai of another endoscopy center on Shadow Lane, is also facing a restraining order that prevents him from practicing medicine.

The doctors are accused of putting patients’ health in jeopardy, putting the medical profession in disrepute, putting financial gain above the patient and failing to use “reasonable care, skill or knowledge ordinarily used under similar circumstances.”

The complaint alleges that Doctors Desai and Carrera directly worked on three patients who were infected with hepatitis C.

The medical board, Las Vegas Police, FBI, State Attorney’s office and Clark County district attorney’s office are all investigating the Endoscopy Center and possible insurance fraud.

40,000 former patients are undergoing hepatitis C, B and HIV testing after it was revealed in February that eight patients have contracted hepatitis C from a contaminated re-used syringe at three centers owned by Dr. Desai.

Under Desai’s direction workers also allegedly reused needles and vials. There is no cure for hepatitis C, a blood borne disease that causes inflammation of the liver. It can lead to cirrhosis, cancer and death.

May 8th a Las Vegas court hearing will determine whether the temporary order should become a preliminary injunction against Dr. Desai. So far he has paid the city $500,000 in fines.

The first medical negligence lawsuit has been filed in District Court by a former patient of the Endoscopy Center. Charles Anthony Rader, 53, who along with his wife is being tested for hepatitis and HIV.

Rader’s case was among the first in a class action negligence lawsuit filed by White, Meany and Wetherall of Las Vegas, a member of Injuryboard.

Desai tried Shipping Vehicles Overseas. Would He Have followed?

By Marshall Allen, Nicole Lucht Wed, Apr 30, 2008

Dr. Dipak Desai, majority owner of the Endoscopy Center of Southern Nevada, leaves Las Vegas City Hall on March 3. Desai has surrendered his medical license pending the outcome of a state investigation.

Dr. Dipak Desai, under investigation for his role in the nation’s biggest hepatitis C scare, tried to ship two personal luxury vehicles to Dubai, an auto dealer told the Sun.

Bernard Schiappa, general manager of Fletcher Jones Imports, said Desai came into his dealership with a broker from Dubai, and tried to pay off the two vehicles so he could have ownership and ship them overseas.

But the dealership denied his request.

Sources familiar with the criminal investigation of Desai had not been aware of the attempted car shipments but said the activity sounds suspicious.

Speculation that Desai might flee the country arose soon after health officials announced in late February that dangerous injection practices at his endoscopy center had endangered tens of thousands of patients.

The revelations triggered state and federal criminal investigations and led to the closure of his endoscopy businesses. Desai has promised to not practice medicine in Nevada, although he has not surrendered his license. The Nevada State Board of Medical Examiners on Tuesday obtained a temporary restraining order to stop him from seeing patients.

In addition, Desai’s wife, pulmonary specialist Dr. Kusum Desai, has quit her practice, which was unrelated to his clinic.

Authorities have flagged Desai’s passport, asking that they be notified if he tries to leave the country.

Desai is being investigated for possible Medicare and insurance fraud and negligence in cases in which patients were infected with hepatitis C, but he has not been arrested or charged with any crime and is free to leave the country.

Desai’s attorney did not return calls for comment.

Members of the Indian community who know Desai say they have heard nothing about the couple moving, and their Summerlin home is not listed for sale in real estate records.

But authorities say they will look into the attempted shipment of the vehicles.

“It’s suspicious because nobody has cars shipped overseas,” one source said.

A source told the Sun that Desai visited Fletcher Jones Imports about a half-dozen times in the past two weeks to initiate the shipment. He tried to take ownership of two Mercedes-Benzes he had been leasing — a black CL63 AMG worth $145,000 that had been leased Nov. 11 in his name, and a black S550 worth $102,000 that had been leased Oct. 29 in the name of his wife.

Schiappa said Mercedes Benz dealerships have agreements worldwide that restrict such international transactions. Fletcher Jones would have faced penalties of up to $15,000 for each vehicle if they were shipped to Dubai.

Desai then tried another route to pay off the cars, by sending a check for the balance of the vehicles directly to Mercedes Benz Financial, which holds the notes on the cars, Schiappa said.

But the check was returned because leased vehicles must be paid off through a Mercedes dealer, Schiappa said. It is possible that another dealer would allow Desai to pay off the cars, Schiappa said.

“I want people to understand that we don’t do uncouth things. We pay attention to what happens in town,” he said, adding that he was very familiar with the controversy surrounding Desai.

Multiple agencies are investigating Desai for his role in running the Endoscopy Center of Southern Nevada, the clinic that was the source of seven hepatitis C infections because of unsafe injection practices. (An additional case of hepatitis C was contracted at a related clinic owned by Desai.)

• The U.S. Department of Medicare and Medicaid Services, the FBI and the Nevada attorney general’s office are investigating possible insurance fraud. Sources who worked at the clinic have told the Sun that Desai routinely overbilled for anesthesia given to patients.

• The Nevada State Board of Medical Examiners filed a complaint Friday against Desai, accusing him of malpractice, exploiting patients for financial gain and bringing the medical profession into disrepute. Sources familiar with the clinic have told the Sun that Desai ordered others to cut corners in the pursuit of profit.

• And Metro Police are investigating whether the medical neglect of Desai and others caused substantial bodily harm to patients.

Fleeing the country would suggest guilt, a person familiar with one of the investigations said, and the information would be presentable to a jury if there is a trial.

“I’ve got to assume he wouldn’t be stupid enough to take off,” the source said. “The United States government can find him, and they can bring him back and he will hurt his case in the process.”

Nevada AG Seeks Order Against Drs. Linked to Hepatitis C Outbreak

By Chris Rizo

Nevada Attorney General Catherine Masto Cortez is seeking to prevent two doctors linked to a hepatitis C outbreak in Las Vegas from practicing medicine pending an investigation by state regulators.

Meanwhile, the state Board of Medical Examiners too filed complaints Monday against Drs. Dipak Desai and Eladio Carrera.

Desai runs the Endoscopy Center of Southern Nevada and Carrera worked at the center.

Authorities say they have traced eight cases of hepatitis C to the facility and an affiliated center, where officials say staff members reused needles and vials of single-use medication on multiple patients, exposing at least 50,000 patients to hepatitis and HIV.

The clinics have since surrendered their business licenses and paid a total of $500,000 in fines.

State lawmakers, frustrated that the two doctors were able to continue practicing medicine after revelations of the outbreak, on Friday called on Gov. Jim Gibbons to push the medical board to suspend the doctors' licenses or appoint a special counsel to investigate.

Nevada Medical Board Moves to Pull Clinic Doctors’ Licenses

The Associated Press April 29, 2008, 7:45 AM

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LAS VEGAS — The Nevada state Board of Medical Examiners wants a judge to suspend the medical licenses of two doctors linked to a Las Vegas hepatitis C outbreak, pending the resolution of malpractice cases against them.

Documents filed Monday in Clark County District Court cite what authorities call a need “to protect the public from further harm” by physicians Dipak Desai and Eladio Carrera.

The first complaints against doctors in the massive hepatitis outbreak follow weeks of public complaints and pressure from state lawmakers who’ve questioned a lack of board action.

“After nine weeks, I’d say it’s about time,” Assemblywoman Sheila Leslie, D-Reno, told the Las Vegas Review-Journal.

On Friday, Leslie and state Sen. Steven Horsford, D-Las Vegas, sent a letter urging Gov. Jim Gibbons to push the medical board to summarily suspend the doctors’ licenses or appoint a special investigator.

The board lodged malpractice complaints against both doctors on Friday.

Desai and Carrera are among co-owners of the Endoscopy Center of Southern Nevada, where health authorities fear at least 50,000 people were exposed to potentially deadly viruses through unsafe injection practices.

The complaint filed by medical board Secretary-Treasurer Donald Baepler through the state attorney general’s office alleges Desai and Carrera performed medical procedures on three patients who were infected at the clinic.

No hearing dates were immediately set. Desai’s case was assigned to Clark County District Judge David Wall. Carrera’s case was assigned to District Judge James Bixler. Lawyers for Desai and Carrera were not immediately reached for comment.

Southern Nevada Health District officials have linked seven cases of acute hepatitis C case to the Endoscopy Center of Southern Nevada, and an eighth case to an affiliated clinic, the Desert Shadow Endoscopy Center.

Officials announced Feb. 27 they were notifying 40,000 clinic patients of possible exposure to blood-borne diseases, including hepatitis and HIV. They said last week they were trying to notify another 10,000 whose names were found in clinic insurance records.

The state Board of Nursing announced in early March that six nurse anesthetists at the clinics surrendered their licenses pending an investigation. About 20 other registered nurses and licensed vocational nurses who worked at the Endoscopy Center of Southern Nevada could face discipline failing to report unsafe practices, said Debra Scott, the nursing board’s executive director.

In an informal agreement brokered by medical board president Dr. Javaid Anwar, Desai voluntarily agreed to stop practicing medicine during the board’s investigation. Desai was allowed to keep his license and could practice outside Nevada.

No action was taken against 13 other doctors who worked at the clinics and an affiliated medical practice, the Gastroenterology Center of Nevada.

Doctor in Hepatitis Probe Can't Practice

By BRENDAN RILEY, Associated Press Writer Wednesday, April 30, 2008

A judge on Wednesday blocked a second Las Vegas doctor linked to a hepatitis C outbreak from practicing medicine pending resolution of a 10-count state Board of Medical Examiners complaint against him.

Clark County District Judge James Bixler issued the temporary restraining order against Dr. Eladio Carrera, who worked at and is a co-owner of the Endoscopy Center of Southern Nevada.

The judge's order followed a similar order Tuesday against Dr. Dipak Desai, who has been running the center and several other clinics. The orders were requested by state Attorney General Catherine Cortez Masto.

In both cases, the judges said the temporary orders were warranted because the Board of Medical Examiners "has demonstrated a likelihood of success on the merits" of its case against the doctors, and "imminent and irreparable harm will result" if the orders weren't issued.

A May 8 court hearing for Desai and a May 12 hearing for Carrera have been scheduled to determine whether the temporary orders should be followed up with preliminary injunctions against the doctors.

The complaints against Desai and Carrera describe several cases in which patients at the endoscopy center were treated by the doctors and later were diagnosed with hepatitis C. Both doctors are accused of conduct that put the patients' health and safety at risk.

Besides the medical board's activity, state legislators were told last week that the Las Vegas Metropolitan Police Department, the FBI, Cortez Masto's office and the Clark County district attorney are involved in a criminal probe into the crisis.

The outbreak prompted health officers to advise tens of thousands of former patients at several clinics to be checked for exposure to hepatitis and HIV.

Authorities blame the infections on the reuse of needles and vials of medication on multiple patients, and say they've traced eight acute cases of hepatitis C to Desai's endoscopy center and to another one he operated. The two clinics have surrendered business licenses and paid a total of $500,000 in fines.