Health Plan of Nevada settles lawsuit with hepatitis C outbreak patients

Health Plan of Nevada has reached a confidential settlement with all remaining clients who alleged they contracted hepatitis C at endoscopy clinics owned by Dr. Dipak Desai, the central figure in a 2007 outbreak of the disease.

“The parties reached a mutually agreeable settlement that is satisfactory to both sides,” lawyer Robert Eglet said Monday. “The terms of the settlement are confidential.”

Eglet said the resolution came late last week before jury selection had concluded in the case of Clark County resident Bernard Paul, 62. Paul was represented by Eglet’s law firm.

According to Paul’s 2009 lawsuit, he was insured by Health Plan of Nevada and was required to obtain health care services from contracted providers. The lawsuit said Paul received treatment at Desai’s clinics in June 2005 and March 2007 and was exposed to unsafe practices that led to his infection.

Paul, a retired union carpenter, received treatment at the clinics because they were Health Plan of Nevada’s contracted provider, according to the lawsuit, which accused the HMO of negligence.

The plaintiff filed his lawsuit against Health Plan of Nevada and its former parent company, Sierra Health Services Inc. According to the complaint, the defendants owed a duty to Paul “to use reasonable care to investigate or monitor the medical practices” at Desai’s clinics before directing Paul to them.

Health Plan of Nevada is now a UnitedHealthcare Company.

Eglet said Paul is not suffering from any symptoms related to his disease.

Last year, a jury ordered Health Plan of Nevada to pay $524 million to three people, two of whom contracted hepatitis C at a facility operated by Desai. Eglet represented two of the plaintiffs and said the recent settlement also resolves an appeal related to the verdict in their case.

A jury convicted Desai in July 2013 of all 27 criminal counts related to the hepatitis outbreak, including second-degree murder in the death of infected patient Rodolfo Meana, 77.

District Judge Valerie Adair sentenced Desai to life in prison with the possibility of parole after 18 years.