EndoscopyTrialFacts.com 1 1 1
  • The Health Plan of Nevada Gambled With The Lives of Nevada Families.
  • The Health Plan of Nevada dropped Dr. Desai because of complaints about the quality of care and hired him back years later because he gave an extraordinarily low bid.
  • "We will prove that the Health Plan of Nevada knew what was going on at the clinics, they knew about the practices of the doctors and did nothing," Robert Eglet, attorney for the plaintiffs.
  • "The Health Plan of Nevada took billions in insurance premiums from Nevada families. The HMO is responsible for the doctors they require patients to use," said Robert Eglet
  • $15 billion in premiums were paid to the Health Plan of Nevada by Nevada families from 1997- 2007. The Health Plan of Nevada collected $1.8 billion from Clark County families in 2012.

Hawkins #1 Trial Facts:  Actual Testimony from the HMO Trial Las Vegas :
Below are some of the highlights from the actual HMO trial questions / answers by the attorneys and witness.  You will be able to review the exact courtroom questions and answers.  Only facts presented at this web site, enjoy.


1 Were Friday afternoon procedures scheduled

2 between 1 p.m. and 4 p. m.?

3 A. Yes, sir

4 Q. And when Dr. Desai started doing his

5 procedures at Southwest Medical Associates and -- on

6 Friday afternoons, how many procedures would he be

7 doing in this 3-hour period?

8 A. All o! them. If he had 10 -- he started out

9 with 10 and he would do the 10 if he stayed for the

10 whole time. Sometimes he didn't stay.

11 Q. At some point, he started out with 10?

12 A. Yes, sir.

13 Q. Did that increase?

14 A. Yes, sir.

15 Q. What did it increase to?

16 A. Got up to 17, and at one time, it got up to

17 20.

18 Q. Twenty. Okay. Was there any issues with

19 respect to him getting up to 20?

20 A. Yes, sir.

21 Q. What was the issues?

22 A. The staff thought he was doing too many.

23 Q. Okay. Is it your belief that the reason the

24 other staff -- other staff members didn't like to work

25 with Desai at Southwest Medical was because Dr. Desai

1 was performing too many procedures in one afternoon?

2 A. Yes, sir, and his attitude towards the nurses.

3 Q. Okay. Was another reason that no one else

4 would -- or the ocher staff didn't like to work with

5 Dr. Desai at Southwest Medical Associates because

6 Dr. Desai was performing the procedures so much faster

7 than the other gastroenterologists?

8 A . Yes, sir.

9 Q. Okay. Did you ever have an understanding that

10 Dr. Desai began trying to conduct a specific number of

11 procedures in the afternoon and -- when he was

12 procedures at Southwest Medical Associates?

13 A. I would look at the schedule in the mornings

14 and that way I could tell. But other than that, I

15 didn't know how he was trying to set them up.

16 Q. Well, when you would look at the schedule in

17 the mornings, would it appear to you how many

18 procedures that Dr. Desai after the beginning -- after

19 he had moved past 10 and past 17, how many procedures

20 did it look like he was trying to set up between 1 and

21 4 in the afternoon?

22 A. He was usually trying to set up 20. The --

23 his agreement, supposedly, that was they were supposed

24 to do no more than 17. But he would always try to set

25 up 20 patients.

1 Q. Okay. And when he got to 20 patients, did

2 anyone at Southwest Medical, to your knowledge,

3 indicate to Dr. Desai that he could not do any more

4 than 20 patients in an afternoon?

5 A. That, I don't know.

6 Q. Okay.

7 A. No, sir.

8 Q. Do you recall telling me at one time that they

9 told him at Southwest Medical that he could not exceed

10 20 patients?

11 A. We were told by the nursing manager that he

12 would not be exceeding 20 patients, but we don't know

13 what they actually told him.

14 Q . Okay. Now, at some point, did he start doing

15 more afternoons than just Friday afternoons at

16 Southwest Medical Associates?

17 A. For a while, he did, and; then we got another

18 staff doctor or two staff doctors. Then that cut his

19 time down, and then he

20 Q. Okay. Let me stop you there.

21 So for a period of time, he was doing more

22 than just one afternoon a week?

23 A. Yes, sir.

24 Q. Okay. And then the other afternoon a week,

25 was he also scheduling 20 patients during the same


1 period of time on those days?

2 A. Yes, as far as I know.

3 MR. EGLET: Can I see his deposition

4 transcript and -- could I ha ve Mr. Hawkins' deposition

5 transcript, please?

6 Billy.

7 THE COURT: All right. I'll let you finish,

8 Mr. Eglet what you're doing right now. Then I'll have

9 you approach. I do have one question.

10 MR. EGLET: Request permission to publish

11 Mr. Hawkins' deposition, your Honor.

12 THE COURT: Any objection?

13. MS. MICHEL: You're just going to hand him the

14 transcript?

15 MR. EGLET: I'm publishing it.

16 MS.MICHEL: Okay.

17 THE COURT: No objection?

18 MS.MICHEL: No objection, your Honor.

19 THE COURT: All right. The request for

2 0 publication is granted, sir.

21 MR. EGLET: Okay.


23 Q. Mr. Hawkins, if you could turn to page 215 of

24 your deposition.

25 A. Yes , sir .


1 that discussion by virtue of his question, it's an

2 implied part of the question, your Honor.

3 MR. EGLET: That doesn't make it hearsay

4 unless he said specifically what somebody said, your

5 Honor, outside the courtroom.

6 THE COURT: I understand. Overruled.

7 MR. EGLET: Thank you, Judge.


9 Q. Is it your understanding that

10 Dr. Dr. Evans, Steven Evans, the medical director

11 for Southwest Medical Associates Surgery Center, was

12 made aware at this -- one of these meetings that

13 Dr. Desai was trying to do more procedures in an

14 afternoon than any doctor was willing to do?

15 A. Yes, sir.

16 Q. Okay. And do you know whether Dr. Evans was

17 made aware at one of these staff meetings that no one

18 other than you would work with this -- Dr. Desai at

19 Southwest Medical Associates because of this fact?

20 A . Yes , sir .

21 Q. Was Dr. Evans -- to your knowledge, in

22 addition to being the medical director for the

23 Southwest Medical Surgery Center, was he also the chief

24 of anesthesiology for Southwest Medical from 1995 to

25 2000?


1 A Yes, as far as I know.

2 Q. Okay. And do you know did you know -- do

3 you know that he was the president of Southwest Medical

4 Associates for a time?

5 A. Yes, sir, I remember that.

6 Q. Were you aware that he was the vice president

7 for HPN, the vice president of medical affairs at HPN

8 in 2000 and the chief medical officer for HPN in 2008?

9 A. Yes, sir.

10 Q. Did you learn from Dr. Evans that Dr. Desai's

11 medical group was contracted with Southwest Medical

12 Associates to perform endoscopic procedures at

13 Southwest Medical Associates when you were working

14 there?

15 A. Yes, sir.

16 Q. Do you have an understanding why Dr. Desai had

17 a contract to perform endoscopic procedures at

18 Southwest Medical Associates?

19 MS. MICHEL: Objection. Foundation. There's

20 been no information laid as to how he came about this

21 understanding.

22 MR. EGLET: Just said he learned it from

23 Dr. Evans, Judge.

24 THE COURT: All right.

25 MS. MICHEL: I don't believe that was exactly




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