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December 21, 2014

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Nevada Supreme Court dismisses appeal by Dr. Dipak Desai

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Desai

The Nevada Supreme Court has dismissed the appeal of Dr. Dipak Desai, who sought to overturn an order prohibiting him from selling assets in excess of $50,000 without approval of a judge.

Desai, who faces a host of medical malpractice suits from patients who say they contracted hepatitis C at his Las Vegas clinics, appealed a 2008 preliminary injunction issued by District Judge Allan Earl.

In dismissing his petition, the Supreme Court noted the doctor has filed for Chapter 11 bankruptcy, which automatically stays any court action pending against Desai. The court said Desai could refile his appeal when the bankruptcy case is resolved.

Desai had interests in several medical centers in Clark County and he and his wife Kusum had purchased a $3.4 million home in the Red Rock County Club.

In February, Desai, who has practiced in Nevada since 1980, surrendered his state medical license "due to physical and mental impairments arising from a series of strokes." The state Board of Medical Examiners says it still has the right to pursue the disciplinary complaint of three patients who says they contracted hepatitis C at the Endoscopy Center of Southern Nevada after undergoing colonoscopies.

The Southern Nevada Health District in 2008 notified all patients who had undergone procedures at the Endoscopy Center of Southern Nevada between March 2004 and January 2008 that they were at risk for possible exposure to hepatitis B and C and HIV. The Health District estimated that 100 or more patients may have been infected when nurses and other staff reused syringes on patients.

Lawsuits soon followed.

Attorneys for the former patients filed motions in district court, saying they did not want Desai and his wife to liquidate or hide assets. Insurance "will be grossly and totally inadequate to satisfy the damage claims of plaintiffs," they said. They also cited Desai's sale of a Mercedes CL63 AMG to a third party in Texas.

The Supreme Court, in its Tuesday order, dismissed the appeal involving Desai's wife and Dr. Eladio Carerra who were also being sued.

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