Judge Rules Class Action Lawsuit Okay in Hep C Case

A Nevada judge says patients who weren't made ill can claim emotional distress in a class-action lawsuit alleging a Las Vegas medical clinic exposed them to hepatitis by reusing syringes and vials of medication.

Clark County District Court Judge Allan Earl's ruling could expand the number damage claims against the Endoscopy Center of Southern Nevada.

A court spokesman says the clinic currently faces 121 lawsuits. The judge on Tuesday rejected arguments by a lawyer for the clinic, who said patients who didn't suffer actual physical injury shouldn't be allowed to recover damages.

The judge did dismiss claims that the clinic should be held liable under product liability and warranty laws. He says the clinic didn't sell vials of anesthesia and supplies to patients.

(Copyright 2008 by The Associated Press. All Rights Reserved.)


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