Second Trial in the Largest Hepatitis C Outbreak in U.S. Begins – Mainor Eglet Law Firm Files for Plaintiffs
LAS VEGAS, Aug. 5, 2011 /PRNewswire/ — Jury selection in the second trial in the largest hepatitis C outbreak in U.S. history has begun in Clark County, Nevada. The Nevada Supreme Court lifted the stay allowing the case to go to trial when it was determined by the court that nurse David Hambrick, a witness for the defense Teva Inc. and Baxter Inc., “does not possess the requisite skill, knowledge or experience to testify as an expert witness regarding the medical cause of hepatitis C transmission at the Endoscopy Clinic of Southern Nevada,” and that the defendants must have qualified, competent expert testimony given to a reasonable degree of medical probability for their alternative causation theory.
Plaintiff Anne Arnold was exposed to the virus hepatitis C when a contaminated jumbo 50mL infusion vial of the anesthesia medication Propofol was reused during a colonoscopy procedure at the Endoscopy Center of Southern Nevada on July 13, 2007. 50mL infusion vials of Propofol are meant for long tern sedation of patients, not short outpatient procedures like colonoscopies. Arnold was later diagnosed as having contracted hepatitis C. The lawsuit filed by Mainor Eglet alleges design defect, breach of implied warranty for a particular purpose, failure to properly warn by sending a Dear Health Care Professional letter and duty to monitor.
In the complaint filed in Clark County District Court by Mainor Eglet Law Firm attorneys Robert Eglet, Robert Adams and Artemus Ham on behalf of plaintiffs Anne Arnold and spouse James Arnold — the defendants Teva Parenteral Medicines, Inc.; SICOR Inc. and Baxter Healthcare Corporation — are each responsible in some manner for causing injury and damages to the plaintiffs.
“There are two primary issues in the Arnold case: the multi-dosing of Propofol between patients from 50mL jumbo infusion vials not intended for short medical procedures like colonoscopies, and the labels on the vials of Propofol provided inadequate warnings about intended use. Teva and Baxter were responsible for providing 50mL infusion vials of Propofol to the Endoscopy centers because profit dictated the decision to do so. Teva and Baxter’s attempt to place the blame exclusively on the health care professionals is a complete disregard for the lives of thousands of Nevadans and their families. Drug companies are not allowed to put profit over patient safety,” says Robert Eglet.
SOURCE Mainor Eglet Law Firm