Federal judge sets new trial date set for Desai

U.S. District Judge Gloria Navarro on Thursday set a Nov. 20 trial date for Dr. Dipak Desai and his former clinic manager, Tonya Rushing.

Desai, 62, and Rushing, 44, each face one count of conspiracy and 25 counts of health care fraud on allegations they schemed to inflate the length of medical procedures and overbill health insurance companies. The felony case stems from the 2007 hepatitis C outbreak.

Prosecutors and defense lawyers filed court papers last week indicating they had agreed to put off the trial until after the Oct. 22 state case against Desai and two of his former nurse anesthetists, Keith Mathahs, 75, and Ronald Lakeman, 64.

All three defendants are facing 28 felony charges, including racketeering, insurance fraud and neglect of patients, in the state case before District Judge Valerie Adair.

The charges, the result of one of the biggest investigations ever conducted by the Metropolitan Police Department, revolve around seven people who authorities say were infected with the potentially deadly hepatitis C virus at Desai's clinics in 2007.

The state case against Desai was put on hold for some 18 months until it was determined earlier this year that he was competent to stand trial.

Two strokes have left Desai with some cognitive impairments.

Rushing's indictment in the federal case has complicated the district attorney's prosecution of Desai. Rushing was not charged in the state case after she convinced prosecutors that she had acted under orders from the physician.

Prosecutors found her more valuable as a witness against Desai, but with the federal case hanging over her head, her lawyers have said they will not allow her to testify in the state case.

Contact Jeff German at jgerman@reviewjournal.com or 702-380-8135.