Court rules in favor of couple potentially exposed to hepatitis in Las Vegas outbreak

By Cy Ryan

Wednesday, Dec. 31, 2014 | 1:30 p.m.

CARSON CITY – The Nevada Supreme Court ruled Wednesday that a Las Vegas couple could go forward with their suit against a health maintenance organization they say neglected to prevent the 2007 hepatitis outbreak in Clark County.

The court reversed a decision by District Judge Susan Scann, who issued a judgment in favor of PacifiCare of Nevada, which was sued by Susan and Jack Sadler.

The Sadlers maintain that PacifiCare was negligent in failing to start a quality assurance program to oversee the medical providers in its group.

The Sadlers did not contact the disease but argue they must undergo periodic testing to determine if they have latent symptoms of hepatitis or other diseases due to the unsafe practices.

The court ordered Judge Scann to conduct further hearings on the claim made by the Sadlers, which also seeks this to be declared a class action suit. They seek to require PacifiCare to cover the cost of periodic testing.

PacifiCare says the Sadlers suffered no physical harm and thus there can be no negligence.

The court, in the new decision written by Justice James Hardesty, said the Sadlers are entitled to state a claim without suffering a physical injury.

Hardesty said this decision will not open the floodgates to extensive new suits by individuals exposed to everyday toxic substances.

The outbreak in 2007 was linked to certain health care facilities, said the court. An estimated 40,000 persons were believed to be exposed to unsafe practices.

The focus of the outbreak was the Endosopy Clinic run by Dr. Dipak Desai, who was convicted of criminal charges and sentenced to 18-years to life in prison.