Massive Evidence and Testimony Kept from Jury Will Support HPN’s Strong Appeal in Nevada Endoscopy Case

Nevadans’ Health Care Faces Major Disruptions, Cost Increases if Verdict Stands

Massive Evidence and Testimony Kept from Jury Will Support HPN’s Strong Appeal in Nevada Endoscopy Case

Health Plan of Nevada (HPN) today issued the following statement regarding the punitive damages award in the Meyer/Brunson case that recently concluded at the Clark County Courthouse:

“The number announced today has no grounding whatsoever in reality – it represents fantasy damages, not punitive damages. We have a compelling case for appeal since the jurors were barred from hearing extensive evidence and testimony about how Dr. Desai’s covert, criminal practices were hidden from the entire community, including Health Plan of Nevada.

“For example, the jury did not hear that Dr. Desai has been criminally charged for the outbreak, that the same plaintiffs already sued and collected millions from a pharmaceutical company, that we used extensive provider credentialing and contracting policies and procedures, that Dr. Desai and others were credentialed or accredited by other HMOs, hospitals and the Accreditation Association for Ambulatory Health Care, and that during the relevant time period a number of government agencies had inspected the clinic where these providers practiced and found no issues.

“Even more troubling, the court held that placing Dr. Desai in HPN’s network caused the plaintiffs to contract Hepatitis C because: (1) plaintiffs’ Hepatitis C was the result of Desai’s medical malpractice; and (2) a doctor’s medical malpractice is always a foreseeable consequence of placing a doctor in a health plan’s network. If allowed to stand, this would have a devastating impact on the availability and affordability of health insurance in Nevada.

“The only numbers that matter here are the higher insurance premiums that Nevadans may pay if health plans are held liable for the criminal conduct of independent doctors.”

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