Nevada Judge Allows Emotional Distress Claim in Class-Action Hepatitis Case

Steve Klearman

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Keeping up with the hepatitis cases against the Endoscopy Center of Southern Nevada, the Reno Gazette Journal reports today that patients from the center who were not physically injured may still be able to recover damages from the Center. Clark County District Court Judge Allan Earl dismissed the Center's argument that emotional distress claims unrelated to actual injuries should not be allowed to recover.

While allowing emotional distress claims to survive, Judge Earl dismissed products liability and warranty claims against the Center, saying that the Center did not sell supplies to its patients.

The RGJ reports that the Center currently faces 121 lawsuits.

Meanwhile, according to Fox News Las Vegas, the Southern Nevada Health District confirmed a ninth case of hepatitis C contracted from exposure at the Endoscopy Center.