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Opening Statements in 1st HepC Civil Case
For DebNevada - you are not alone!
Opening statements got underway today in the first civil trial linked to the hepatitis C outbreak in the Las Vegas Valley. The suit by Henry Chanin and his wife Lorraine names two pharmaceutical firms that made the anesthetic propofol. It claims staffers at the Desert Shadow Endoscopy Center were encouraged to reuse vials because bottles of the drug were too large. Henry Chanin says he contracted hepatitis C from a contaminated vial during a routine procedure at the clinic in 2006. During opening remarks, Chanin's attorney Robert Eglet said the two companies, Teva Parenteral Medicine and Baxter Healthcare Services, put profits ahead of patient safety. The trial is expected to last at least three weeks.
http://www.kxnt.com/Opening-Statements-Begin-In-Hepatitis-C-Trial/6837557
Opening statements got underway today in the first civil trial linked to the hepatitis C outbreak in the Las Vegas Valley. The suit by Henry Chanin and his wife Lorraine names two pharmaceutical firms that made the anesthetic propofol. It claims staffers at the Desert Shadow Endoscopy Center were encouraged to reuse vials because bottles of the drug were too large. Henry Chanin says he contracted hepatitis C from a contaminated vial during a routine procedure at the clinic in 2006. During opening remarks, Chanin's attorney Robert Eglet said the two companies, Teva Parenteral Medicine and Baxter Healthcare Services, put profits ahead of patient safety. The trial is expected to last at least three weeks.
http://www.kxnt.com/Opening-Statements-Begin-In-Hepatitis-C-Trial/6837557
I have tried a few, but only one went to verdict. Several settled before the case went to the jury. Typically at the end of plaintiff's case in chief, the parties will have another settlement conference - some judges require this - and often the case will settle at that stage.
Settlements are encouraged by the court, and they are good for the plaintiff in that the defendants waive their right to appeal. If the case goes to verdict, the appeals can take years (and they are EXPENSIVE!) and meanwhile the plaintiff does not get paid!
Settlements are encouraged by the court, and they are good for the plaintiff in that the defendants waive their right to appeal. If the case goes to verdict, the appeals can take years (and they are EXPENSIVE!) and meanwhile the plaintiff does not get paid!
I kind of figured that the case probably had some merit or it wouldn't have reached this stage.......but I'm no expert in Med Malpractice law. I never even tried a case.
Mike
Mike
As with every medical malpractice case, the plaintiffs will have had a physician expert execute a Certificate of Merit regarding the claim. Without that showing of merit, the court would have dismissed the action much earlier in the proceedings.
I know, we've been following the case closely, although it is part of the endoscopy center outbreak and a different case than ours. A fellow from the Review Journal is set to interview me in the next day or so. I've had press before.
The lawsuit claims the companies made and sold vials of propofol that were much larger than needed for colonoscopies, which tempted medical workers to reuse vials among patients instead of throwing away unused anesthetic.
Testifying on behalf of the Chanins, D'Attellis told the jury that the typical procedures at the endoscopy centers would require between 10 and 20 milliliters of propofol, which is based on a patient's weight and the length of the procedure.
Chanin's 17.5-minute colonoscopy required 25 milliliters.
No endoscopy center should ever use 50 milliliter vials because medical workers would be tempted to reuse vials between patients instead of throwing away unused anesthetic, D'Attellis said.
"There is no place for this in an endoscopy center," he said, holding a 50 milliliter vial.
At Cedars-Sinai, 50 milliliter vials are banned from all surgery areas to avoid their misuse, he said. The larger bottles are only used for long-term sedation in intensive care units, he said.
In a videotaped deposition, Teva executive Craig Lea said the company knew the risks of the larger vials when it sought federal approval to make the 10 milliliter vials in 2000. Lea said the smaller vials would be safer and reduce the temptation to reuse a vial between patients.
Based on that knowledge, the company never should have supplied the larger vials to endoscopy centers, D'Attellis testified.
"They knew what the risk was, and they did it anyway," he said.
The lawsuit originally named the doctors and nurses who performed Henry Chanin's endoscopy, but their insurance company settled the medical malpractice claim last month.
Testifying on behalf of the Chanins, D'Attellis told the jury that the typical procedures at the endoscopy centers would require between 10 and 20 milliliters of propofol, which is based on a patient's weight and the length of the procedure.
Chanin's 17.5-minute colonoscopy required 25 milliliters.
No endoscopy center should ever use 50 milliliter vials because medical workers would be tempted to reuse vials between patients instead of throwing away unused anesthetic, D'Attellis said.
"There is no place for this in an endoscopy center," he said, holding a 50 milliliter vial.
At Cedars-Sinai, 50 milliliter vials are banned from all surgery areas to avoid their misuse, he said. The larger bottles are only used for long-term sedation in intensive care units, he said.
In a videotaped deposition, Teva executive Craig Lea said the company knew the risks of the larger vials when it sought federal approval to make the 10 milliliter vials in 2000. Lea said the smaller vials would be safer and reduce the temptation to reuse a vial between patients.
Based on that knowledge, the company never should have supplied the larger vials to endoscopy centers, D'Attellis testified.
"They knew what the risk was, and they did it anyway," he said.
The lawsuit originally named the doctors and nurses who performed Henry Chanin's endoscopy, but their insurance company settled the medical malpractice claim last month.
Suing manufacturer because they put more than the necessary amount of a standard dose into a vial and the endoscopy center was too cheap to toss the used vial instead going back into it? Hope they are suing the endoscopy center as main target. The suit against the manufacturer does not have much merit. Wishing the plaintiffs luck anyway.
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