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 #2 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 that your understanding?

2 A. Yes, sir.

3 Q. Okay. And so in your experience in the

4 medical field, new inpatient intakes would include the

5 doctor taking a history, a medical history from the

6 patient; is that right?

7 A. Yes, sir.

8 Q. So that would have to be done during this

9 period of time too, or at least supposed to be done

10 A. Yes, sir.

11 Q. -- right?

12 Mr. Hawkins, were there times when Dr. Desai

13 didn't warn you or didn't tell you that he was pulling

14 the scope out of a patient at Southwest Medical

15 Associates?

16 A. Yes, sir.

17 Q. Okay. Please describe for us what happened

18 when Dr. Desai didn't warn you that the scope was

19 coming out when he was performing a procedure at

20 Southwest Medical Associates.

21 A. He pulled the scope out, and it was so fast, I

22 didn't have my hand on it to control it, the end of it,

23 because that's the -- we call it the business end

24 because that's where the camera is at. And once you --

25 and it's also got the inflatable cuff on it so it

1 can -- it does all the bending left, right, up, and

2 down. And so that's the end that you really guard.

3 The rest of the tube is pretty sate.

4 But he pulled it out so fast, I didn't have my

5 hands on the scope, and it acted like a whip and vent

6 up like this (indicating) and I was able to catch it

7 before it hit the floor because it would have been off

8 the gurney. And it still had feces in it, and they had

9 these little brown dots that went up the wall and

10 across the ceiling.

11 Q. So -- I want to make sure I understand this.

Dr. Desai pulled -- removed the scope out from

13 the patient so quickly that you weren't able to catch

14 it.

15 A. No. He pulled it -- yeah, he pulled it

16 like most doctors would pull it underhand. He must

17 have pulled it overhand and did it like this.

18 Q. Pulled it overhand, did it like this, and he

19 did it so quickly, that it sprayed feces up across the

20 wall and up over the ceiling.

21 A , Yeah. Luckily, it vas just little brown dots.

22 But little brown dots means it's feces, so ...

23 Q. And this -- and this was in -- was this in

24 Room 6?

25 A. Yes, sir.

1 Q. The GI room at Southwest Medical Associates?

2 A. Yes, sir. That's the only room they'd let him

3 work in.

4 Q. And how high were the ceilings at Southwest

5 Medical where this happened?

6 A. Eight or 9 feet, I guess.

7 Q. Did you have to personally clean it off the

8 walls and the ceiling?

9 A. The walls, not the ceiling.

10 Q. Why didn't you clean it off the ceiling?

11 A. They had a janitorial staff for that. I'm not

12 climbing up a ladder.

13 Q . Okay. Did it got cleaned off that day?

14 A. I think it was like two days later.

15 Q. Two days later?

16 A. Had to bring it up to the management.

17 Q. Had to bring it up to management that it

18 happened.

19 A. That it -- yeah, that it needed to be redone.

20 They were acoustical tiles.

21 Q. This is management of Southwest Medical

22 Associates?

23 A. For the surgery center.

24 Q. Was this a big secret at Southwest Medical

25 Associates that this had happened?

1 A. Oh, no, sir. It was -- spread like wildfire

2 after that.

3 Q. Do you know whether the executives at

4 Southwest Medical knew about this?

5 A. I didn't tell them. I'm sure somebody should

6 have. The room nurse should have told them.

7 Q. Did you become aware that Dr. Steve Evans

8 became aware of this?

9 A Personally, no, sir, I don't know.

10 Q. Well, do you recall the meetings -- the staff

11 meetings that you told us about earlier that you would

12 have every Friday?

13 A. Yes. He was told that, but it was after the

14 fact that -- it had already happened, and it was

15 brought up at a meeting.

16 Q. Okay.

17 MS. MICHEL: Objection, hearsay, your Honor.

18 MR. EGLET: I'm asking about what happened at

19 a staff meeting, Judge.

20 MS. MICHEL: But the witness is responding

21 with --

22 THE COURT: Wait, wait, wait. Go ahead.

23 MS. MICHEL: But the witness is responding

24 with what was said at a meeting.

25 THE COURT: Okay. I will sustain as to what

1 was said at the meeting.

2 MR. EGLET: Very good. Thank you, your Honor.


4 Q. Was there a staff meeting that occurred

5 sometime after this incident you just described?

6 A. Yes, sir.

7 Q. Okay. At that staff meeting, was Dr. Steve

8 Evans, the director of Southwest Medical Associates and

9 a vice president for HPN present at that meeting?

10 A. Yes, sir.

11 Q. And was the issue of Dr. Desai pulling the

12 scope out so fast that he flung feces all over the

13 walls and the ceilings discussed at that meeting?

14 A. Yes sir. It was brought up.

15 Q. And do you know whether any action was taken

16 by anyone at Southwest Medical when this happened?

17 A. No, sir, I don't know.

18 Q. Did you tell. me earlier at another time that

19 the charge nurse wrote him up, wrote Dr. Desai up for

20 this, and submitted it to management?

21 A. There was another incident, the room nurse --

22 the room nurse, not the charge nurse but a room nurse

23 wrote him up when he dragged the scope out across her

24 arm, naked arm with a colonoscope. He was supposedly

25 written up for that.


1 Q. With feces on it?

2 A. Yes, sir.

3 Q. And blood on it?

4 A. Well, it has feces. No, we hardly ever had

5 blood on anything. Unless they had hemorrhoids.

6 Q. Now, were any actions taken by Or. Evans that

7 you're aware of with respect to Dr. Desai as a result

8 of this incident, either of these two incidents?

9 A. Not that I know of, sir.

10 Q. To your knowledge, did anyone at Southwest

11 Medical, HPN, or Sierra do anything to address the

12 issue where Dr. Desai pulled the scope out of a

13 patient's rectum so fast at Southwest Medical that

14 feces flung all over the walls and ceilings?

15 A. Not to the best of my knowledge, sir.

16 Q. Did you have a belief at that time about

17 whether Southwest Medical, HPN, or Sierra would allow

18 Dr. Desai to perform any more procedures at Southwest

19 Medical after the incident where he pulled the scope

20 out so fast it flung feces on the wall and the coiling?

21 MS. MICHEL: Objection. Foundation.

22 MR. EGLET: I asked him did he have a belief

23 what would happen.

24 THE COURT: I'll overrule.

25 THE WITNESS: I didn't think anything would




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