Regarding the Hepatitis C outbreak at the Endoscopy Center of Southern Nevada a judge has ruled that patients can claim damages for emotional distress in the class action lawsuit. Attorney for the clinic David MacDonald said, “In this case I don’t believe a physical injury was suffered.” District Judge Allan Earl disagreed and denied the clinic’s motion to dismiss saying the mental anguish of potential exposure could lead to physical symptoms. Lawyer Robert Cottle, representative for the patients, also suggested that the majority owner of the Endoscopy Center, Dr. Dipak Desai, might have used his influence as a former Nevada Mutual Insurance board member to avoid oversight by the insurance company putting the patients in danger. Judge Earl ruled otherwise after the insurance company’s lawyer said they had no duty to the clinic’s patients or to tell its doctors what to do. Judge Earl dismissed the insurance company from the lawsuit saying they had a responsibility to its shareholders not its patients.