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August 28, 2008

Class Action Lawsuit to go ahead in Hepatitis C Case

Earlier this year the Endoscopy Center of Southern Nevada exposed thousands of patients to Hepatitis C. In a ruling by Clark County District Court Judge Allan Earl a class-action lawsuit can go ahead against the clinic. The clinic lawyers attempted to prevent patients who didn’t suffer actual physical injury the ability to recover damages. The judge rejected their arguments. Judge Allan Earl ruled patients who weren’t made ill can claim emotional distress after being exposed to Hepatitis C by the clinic’s reuse of syringes and vials of medication. A court spokesman says the clinic is currently facing 121 lawsuits. The judge did dismiss claims that the clinic should be held liable under product liability and warranty laws because the clinic didn't sell vials of anesthesia and supplies to patients.

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