Keeping up with the hepatitis cases against the Endoscopy Center of Southern Nevada, the Reno Gazette Journal reports today that patients from the center who were not physically injured may still be able to recover damages from the Center. Clark County District Court Judge Allan Earl dismissed the Center’s argument that emotional distress claims unrelated to actual injuries should not be allowed to recover.
While allowing emotional distress claims to survive, Judge Earl dismissed products liability and warranty claims against the Center, saying that the Center did not sell supplies to its patients.
The RGJ reports that the Center currently faces 121 lawsuits.
Meanwhile, according to Fox News Las Vegas, the Southern Nevada Health District confirmed a ninth case of hepatitis C contracted from exposure at the Endoscopy Center.
Steve is the Managing Shareholder of Steven J. Klearman & Associates, a civil litigation law firm located in Reno, Nevada. He practices primarily in the areas of civil litigation and injury law, and has authored one of the definitive guides to Nevada civil law that is widely used by Nevada judges and attorneys, his book entitled Elements of Nevada Legal Theories.